Essay answer 1

Introduction

In this type of question, you should begin by identifying the nature and scope of the issues raised by the question. This question requires:

• a comprehensive knowledge of the rights of the detained person;

• the chronological timetable concerning detention up to the point the police are obliged to release or charge a suspect;

• the distinction between terrorist and non-terrorist offences in relation to detention.

The basic rights of the detained person

• PACE (ss 34-51)

• Code of Practice C.

At the police station, the arrested person has the right to:

• inform someone of their arrest

• seek legal advice; and

• examine and read the Codes of Practice.

Chronological timetable

Nobody should be detained for longer than 24 hours without charge. A police officer with the rank of superintendent (or above) can authorize detention for a further 12 hours. Magistrates can authorize further detentions up to a maximum of 96 hours. Once charged, if a person is still in detention, they should be brought before the magistrates the next day (but not on Christmas Day, Good Friday or any Sunday). At the time of writing, if a person is arrested, as a suspected terrorist, different rules apply. A judge can authorize continued detention, in stages, for up to 28 days. You should consider R (on the Application of G) v Chief Constable of West Yorkshire [2008].

Terrorist offences and detention

In this part of your answer, you should show that you are aware of current proposals to extend police powers of detention.