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Remand Charging Terminating Types Of Offence Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Remand Charging Terminating Types Of Offence notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Remand in Custody Time Limits Rights of Detained Person

1. ACCESS TO PACE CODES

2. LEGAL ADVICE WITHIN 36hrs- s58 PACE (Cannot dissuade from legal advice: C:6.4, but D can refuse C:6.5) Can only be delayed to avoid interference with evidence, prevent injury or alerting suspects.

3. INFORM FAMILY/FRIEND OF ARREST - s56 PACE - Can only be delayed to avoid interference with evidence, prevent injury or alerting suspects.

Periods of Detention Max: 24hr (s41)

+ 12 HOURS (s42)

+36 HOURS (s43)

36-96HOURS (s44)

Authorised By: Constable

Authorised By: Superintenden t

Authorised By: JP

Authorised By: JP

NEED:

NEED:

NEED:

Reasonable grounds for believing continued detention is justified.

Reasonable grounds for believing continued detention is justified.

Reasonable grounds for believing continued detention is justified.

"Relevant Period" is arrival at relevant police station OR after the person's arrest, whichever is earlier.Only justified if:Only justified if:Only justified if:

24 (i) Necessary to secure or preserve evidence,

36 (i) Necessary to secure or preserve evidence,

64 (i) Necessary to secure or preserve evidence,

hrshrshrs(ii) Indictable Offence; and

(ii) Indictable Offence; and

(ii) Indictable Offence; and

(iii) Enquiries are being conducted diligently and expeditiously

(iii) Enquiries are being conducted diligently and expeditiously

(iii) Enquiries are being conducted diligently and expeditiously

There is a 6hr buffer in case time runs out at say 6am under s43(5), but court must refuse if it was reasonable to make application before expiry of 36 hour period under s43(7).

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