PACE · 8 min read
Detention Reviews under PACE and Code C
PACE 1984 s.40 requires periodic detention reviews by the custody officer. Code C expands how reviews are documented. Reps monitor whether continued detention remains authorised as the custody 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 prescribed intervals; Code C sets operational detail on records and consultation rights.
What reps check on the custody record
- Relevant time and authorised detention period
- Review times and custody officer signatures
- 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?
Intervals depend on how long the client has been detained — check Code C and the custody record for the precise schedule in your scenario or attendance.
Can reps demand release at review?
Reps can argue grounds for detention are insufficient and ask the custody officer to release or bail — final decisions rest with the custody officer subject to PACE 1984 s.41 and Code C powers.
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.
Related guides
Prepare with PSR Train
PSR Train offers timed MCQs, module-based study, Code C–aligned content, and CIT-style scenarios to support your PSRAS preparation. Training guidance only — completion does not confer accreditation.
This guide is general training information for PSRAS candidates in England and Wales. It is not legal advice and does not replace firm supervision, official assessment materials, or authorised assessment organisations.