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Representations

Detention beyond 24 hours:

Representation at this stage should include:

A. Whether detention is necessary to secure, preserve or obtain evidence.
- What is the nature of the evidence that the police hope to secure during the further period of detention?
- Is it necessary for that the person be detained during this period, or could he/she be released on police bail?
-If the person has demonstrated that he/she is unwilling to answer questions, how can detention to obtain evidence by questioning be justified?

B. Whether the offence for which the person is under arrest is a serious arrestable offence. This is particularly relevant in respect of offences within PACE section 116 paragraph 3, 4 and 6.

C. Whether the investigation is being conducted diligently and expeditiously . If there are periods during which the police appear to be doing nothing, how can this be justified? Although CODE C para 12.2 provided that in any 24 hours a detained person must be allowed a period of at least 8 hours for rest, this does not necessarily justify the police in not continuing other aspects of the investigation during this period.

D. Where there is sufficient evidence to charge. If the custody officer determines that there is sufficient evidence to charge, he/she must do so or release the suspect (PACE s37(7) . In such as case, continued detention without charge could not be justified. Investigating officers will sometimes say during interview something like 'We have enough evidence to charge, but want to you the opportunity to give your side of the story', so the record of any police interview should be checked.

E. The length of the proposed extension, since this should be sufficient for the purpose for which the extension is being granted and no longer.

Representations against delaying access

1. Whether the offence for which the person is detained ia a serious arrestable offence and, where relevant, whether it is a drug trafficking offence or and offence within Part VI of the Criminal Justice Act 1998.
2. Whether others are aware of the persons arrest, for they are, the involvement of a lawyer is unlikely to have any adverse effect.
3. What grounds the officer has for believing that the lawyer concerned will conduct him/herself in such a way as to lead to one of the prohibited consequences: or
-Whether the suspect has been asked if he/she wants to speak to a duty solicitor.  

Representations at review

Representations at this stage should deal with:

A. Whether detention is necessary to secure, preserve or obtain evidence (PACE s37(2).
- What is the nature of the evidence that the police hope to secure during the further period of detention?
-Is it necessary for the person to be detained during this periods or could he/she be released on polce bail?
-If the person has demonstrated that he/she is unwilling to answer questions, how can detention to obtain evidence by questioning be justified?

B. Whether the investigation is being conducted expeditiously . If there are periods during which the police appear to be doing nothing, how can this be justified? Although CODE C para 12.2 provided that in any 24 hours a detained person must be allowed a period of at least 8 hours for rest, this does not necessarily justify the police in not continuing other aspects of the investigation during this period.

C. Where there is sufficient evidence to charge. If the custody officer determines that there is sufficient evidence to charge, he/she must do so or release the suspect (PACE s37(7) . In such as case, continued detention without charge could not be justified.

D. Whether a detention limit has expired or is about to expire


Representations can be made orally or in writing.
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