Relevant time for arrest at non-designated police station

13 November 2019

Not reviewed after the date of publication

Question:

If a person is arrested at a non-designated police station for an offence and is transported to designated police station in the same area, when does the custody clock start?

Answer:

An arrested person is normally taken to a designated police station, however there are circumstances where they can be processed at a non-designated station – see section 30 of PACE for details regarding this.

The 'relevant time' in relation to a person's custody clock is provided for in section 41 of PACE. This does not refer to a designated station; it instead refers to the 'relevant police station', which is defined by section 41(3) of PACE as the first police station to which he is taken in the police area in which his arrest was sought (there is no requirement that it be either designated or non-designated).

If the person is arrested elsewhere and then taken to a non-designated police station (as provided for in section 30), the relevant time will be the time at which he arrives at that police station (or 24 hours after arrest – whichever is the earlier), as per section 41(2)(a).

If the person is arrested at the police station, after either attending voluntarily or being accompanied there by a constable without having been arrested, then as per section 41((2)(c), the relevant time will be the time of arrest.

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