How to use these questions

Cover the answers, sit all fifteen, then mark. For each wrong answer, find the section in the Act rather than re-reading the answer. The explainer that goes with this set is /blog/detention-reviews-under-code-c, and the guide is /guides/pace-detention-reviews-s40. If you want to check a real clock, CustodyNote has a PACE detention clock tool at custodynote.com/pace-detention-clock.

Quick recap: relevant time, 24, 36 and 96 hours

Relevant time (PACE s.41(2)): in the ordinary case, the time the arrested person arrives at the first police station they are taken to after arrest. For someone who attended voluntarily and is then arrested at the station, it is the time of arrest. There are special rules for arrests in another force area and outside England and Wales.
24 hours: the basic limit on detention without charge from the relevant time (s.41(1)).
36 hours: an officer of superintendent rank or above may authorise continued detention up to 36 hours after the relevant time if the s.42(1) conditions are met.
96 hours: a magistrates' court may issue a warrant of further detention (s.43) and extend it (s.44), but not beyond 96 hours after the relevant time.
Reviews (s.40): the first not later than six hours after detention was first authorised, the second not later than nine hours after the first, and later reviews at intervals of not more than nine hours.

Questions 1 to 10: reviews under s.40

Q1. Detention is first authorised at 10:00. By when must the first review take place? (A) 12:00 (B) 16:00 (C) 19:00 (D) 22:00
Q2. The first review actually takes place at 14:00. By when must the second review take place? (A) 20:00 (B) 23:00 (C) 01:00 the next day (D) 10:00 the next day
Q3. Who carries out the review of a person arrested but not yet charged? (A) The custody officer (B) The officer in the case (C) An officer of at least inspector rank not directly involved in the investigation (D) A superintendent
Q4. Who carries out the review of a person who has been charged and is still detained? (A) The custody officer (B) An inspector (C) A superintendent (D) The court
Q5. Can a review be postponed? (A) Never (B) Yes, in the circumstances in s.40(4), for example if the detainee is being questioned and interruption would prejudice the investigation (C) Only with the solicitor's consent (D) Only after charge
Q6. Before deciding, who must the review officer give an opportunity to make representations about detention? (A) Only the solicitor (B) The detainee (unless asleep) and any solicitor representing them who is available, and under Code C 15.3 the appropriate adult if there is one (C) Only the appropriate adult (D) Nobody
Q7. Can a solicitor make representations at a review by telephone? (A) No, only in person (B) Only in writing (C) Yes: Code C 15.3B allows representations orally, in person or by telephone, or in writing (D) Only if the detainee is asleep
Q8. Can the review itself be carried out by telephone? (A) Yes, always (B) Yes, under s.40A and Code C 15.9 to 15.9B, but not by telephone where a live link review is reasonably practicable (C) Never (D) Only for juveniles
Q9. At a review of a detainee who has not had legal advice, what must the review officer remind them of? (A) Their right to remain silent only (B) Their entitlement to free legal advice (Code C 15.4) (C) Their right to a phone call (D) Nothing
Q10. The detainee is asleep at the review time. What happens to their right to make representations? (A) They must be woken (B) The review cannot happen (C) The officer may proceed without hearing from them; s.40 excludes a person asleep at the time (D) The solicitor's consent is needed

Questions 11 to 15: superintendent extensions and warrants

Q11. Which is NOT a condition for a superintendent to authorise detention beyond 24 hours under s.42(1)? (A) Detention is necessary to secure or preserve evidence or obtain evidence by questioning (B) The offence is indictable (C) The investigation is being conducted diligently and expeditiously (D) The detainee has refused legal advice
Q12. When can the s.42 authorisation be given? (A) At any time (B) Not more than 24 hours after the relevant time and not before the second review (s.42(4)) (C) Only after charge (D) Only by a magistrate
Q13. What is the longest period a superintendent can authorise? (A) Up to 36 hours after the relevant time (B) 48 hours (C) 72 hours (D) 96 hours
Q14. A warrant of further detention is sought. Which is correct? (A) The detainee need not attend (B) The detainee must be given a copy of the information, be brought before the court and is entitled to be legally represented (s.43) (C) A superintendent issues it (D) It can last for 96 hours from issue
Q15. What is the outer limit of detention without charge under ss.43 and 44 (outside terrorism cases)? (A) 36 hours (B) 72 hours (C) 96 hours after the relevant time (D) 7 days

Worked answers with references

Q1 (B) 16:00. First review not later than six hours after detention was first authorised (s.40(3)(a)).
Q2 (B) 23:00. Second review not later than nine hours after the first (s.40(3)(b)). The clock runs from when the first review happened, not from when it was due.
Q3 (C). Not charged: an officer of at least inspector rank not directly involved in the investigation (s.40(1)(b)).
Q4 (A). Charged: the custody officer (s.40(1)(a)).
Q5 (B). s.40(4) allows postponement where, for example, the person is being questioned and interruption would prejudice the investigation, or no review officer is readily available. The review must then happen as soon as practicable.
Q6 (B). s.40(12) to (13); Code C 15.3 adds the appropriate adult.
Q7 (C). Code C 15.3B.
Q8 (B). s.40A; Code C 15.9 to 15.9B. The review officer decides the form of review (Code C 15.3C) within those rules.
Q9 (B). Code C 15.4.
Q10 (C). s.40(12) gives the opportunity to the detainee 'unless he is asleep'. You can still make representations as their solicitor.
Q11 (D). The three conditions are in s.42(1)(a) to (c). Refusing advice is not one of them.
Q12 (B). s.42(4). The superintendent must also give the detainee and solicitor a chance to make representations (s.42(6) to (7)) and record the grounds (s.42(5)).
Q13 (A). s.42(1); Code C 15.2 describes this as extending detention by up to 12 hours beyond the 24.
Q14 (B). s.43. The application must normally be made before 36 hours expire, or within six further hours if no court is sitting. A warrant may not be for longer than 36 hours (s.43(12)).
Q15 (C). s.44: each extension is up to 36 hours and must not end later than 96 hours after the relevant time.

Scenario: making representations at a review

Fictional scenario. Your client has been in custody for seven hours on suspicion of burglary. The officer in the case has interviewed once; the review officer calls you before the second review. You want to argue that continued detention is no longer necessary.

A structured answer: confirm when detention was authorised and when the first review took place, so you know the review is in time; ask what further evidence the police say they need to secure or obtain by questioning, and how long it will take; point to anything already secured (for example, the interview has happened and the scene has been examined); argue that any remaining enquiries can be done with the client released on bail or under investigation; and ask that your representations be recorded. Keep it brief and specific. The review officer must consider them (Code C 15.3).

Next: related question sets

Carry on with /blog/pace-code-c-practice-questions and /blog/free-psras-practice-questions. For the written exam, see /guides/psras-written-exam. When a set like this feels easy, try the wider PSR Train question bank. Create a free account at https://psrtrain.com/signup and work through timed practice by topic.

Sources: Police and Criminal Evidence Act 1984 ss.40 to 44 (legislation.gov.uk); PACE Code C 2023, section 15 (gov.uk).

Disclaimer. PSR Train is independent exam-prep for PSRAS candidates in England and Wales. It is not the SRA, the LAA or an assessment organisation (Cardiff or Datalaw). These are original training items, not past papers. Check every point against the current PACE Codes, the legislation and your assessment organisation's materials. This is general training information, not legal advice, and it does not replace your firm's supervision.