Interviewing for a second offence after charging and remanding to court

03 January 2018

Not reviewed after the date of publication

Question:

If a suspect is investigated, charged and remanded to court for one matter, and then another offence comes to light, can interviews still take place for the second offence?Can officers utilise all the time available until the suspect attends court or are they limited to the 24 hour clock for the original offence?

Answer:

The detainee can be interviewed for the further offences whilst still in police custody, having been charged and remanded for court in relation to the original offence.

Our FAQ 'PACE - Interview for second offence after being charged and remanded with first offence' deals with this situation. It considers the scenario where a detainee is charged with the first offence and detained under section 38 of PACE, to be taken before court and whilst detained in police custody he is arrested for a second offence and interviewed regarding this.

It makes it clear that neither -

(i) the fact that a person has been charged in respect of an offence; nor
(ii) the fact that the suspect has been in custody for more than 24 hours;

prevents a person who has been charged with an offence from being interviewed about other offences whilst awaiting to appear at court. Although the detention clock for the initial offence has stopped running because the person has been charged, the detainee is still legally in police detention as per section 118(2) of PACE.

If you are in a position to charge for the further offence, then you could inform the court/CPS, charge him with the additional offence and add it to the file for court; otherwise you could consider applying to the court for a remand to police cells under section 43 of PACE.

As the detainee is charged/remanded and the clock has stopped, there is no longer an option to arrest for a further offence under section 31, restart the clock, or bail for the additional offence. If the suspect cannot be charged prior to attending court or during further detention under section 43 of PACE (both mentioned above), you could either issue a written charge/requisition under section 29 of the Criminal Justice Act 2003 or consider arrest/charge on 'fresh evidence'.

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