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Below is the Criminal Law Week digest of, and comment on, the recent case relating to police powers and pre-trial detention. This is being made publicly available on a one-off basis as a contribution to the current public discussion of the issues to which the decision gives rise.
Issue 24 June 27, 2011
Evidence and procedure
3. Detention without charge - where a warrant of further detention for 36 hours had been granted in respect of a suspect under section 43 of the Police and Criminal Evidence Act 1984 (Archbold, 2011, §§ 3-117 et seq.), where the suspect was released on bail six hours before the expiry of the period of detention authorised by the warrant, and where he was re-detained upon his surrender to bail several weeks later, the police had had no power so to detain him and it was not then open to the police to make an application for an extension of the warrant of further detention under section 44 (ibid., § 3-123); section 44(3) was conclusive in that it provided that any period of extension granted under that section should not “end later than 96 hours after the relevant time”, and the relevant time was dictated by section 41 (ibid., § 3-111) as the time of the suspect’s arrival at the police station following his initial arrest: R. (Chief Constable of Greater Manchester Police) v. City of Salford Magistrates’ Court and Hookway, unreported, May 19, 2011, Q.B.D. (commentary by Michael Zander Q.C. at 175 C.L. & J. 365).
Date of Judgment: May 19, 2011
Judges: McCombe J.
Not followed (in Northern Ireland), CLW/11/33/1
For the amendment of the Police and Criminal Evidence Act
1984 to reverse the effect of this decision, see CLW/11/27/9
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