PACE · 8 min read
Detention Reviews under PACE and Code C
Under PACE 1984 s.40, detention reviews before charge are done by an officer of at least inspector rank who isn’t directly involved in the investigation. After charge, the custody officer does them. I want reps to check both on the custody record, because continued detention has to stay authorised as the clock runs.
Statutory framework
The Police and Criminal Evidence Act 1984 limits how long suspects may be detained without charge. Section 40 requires reviews at set intervals. Before charge, the review officer must be at least an inspector and not directly involved in the investigation. After charge, the custody officer carries out the reviews. Code C section 15 covers the records and your right to make representations.
What reps check on the custody record
- Relevant time and authorised detention period
- Review times, and who did each review (an inspector before charge, the custody officer after)
- Grounds for detention still recorded
- Whether legal advice delayed or permitted
Link to interview advice
If detention is unlawful or reviews are missing, that may affect whether interview should proceed. CIT scenarios often test whether the rep prioritises challenging detention before tactical interview points.
Frequently asked questions
How often must s.40 reviews happen?
The first review is due no later than six hours after detention was first authorised. After that, reviews are due at intervals of no more than nine hours. Check the custody record against that schedule in every scenario and attendance.
Can reps demand release at review?
You can’t demand it, but you can make representations that the grounds for detention no longer stand. Before charge, you make them to the review officer (an inspector or above who isn’t directly involved in the investigation). After charge, you make them to the custody officer. The officer doing the review decides, under PACE 1984 s.40 and Code C section 15.
Is this a high-yield PSRAS topic?
Yes. Detention limits and reviews appear frequently in MCQs and CIT-style assessments alongside appropriate adult and disclosure issues.
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General training information for PSRAS candidates in England and Wales. It isn't legal advice, and it doesn't replace your firm's supervision or your assessment organisation's materials.