Rights of a Suspect Being Detained by the Police for Questioning

Introduction

Once a suspect is **arrested and detained** at a police station, the **Police and Criminal Evidence Act 1984 ('PACE')** and its **Codes of Practice (especially Code C)** confer a set of fundamental rights designed to protect the detainee and to ensure the integrity of the investigation. This chapter examines the four rights most heavily tested in **SQE1 FLK2**: the **right to legal advice** (s. 58), the **right to have someone informed of arrest** (s. 56), the **detention time limits and review framework** (Part IV, ss. 34–51), and the **additional safeguards for vulnerable detainees** (Code C). The recurring examinable themes are the **rank of the authorising officer**, the **indictable-offence requirement** for delaying rights, the **clock that runs from the relevant time**, and the **consequences of breach** — in particular exclusion of evidence under **s. 76** and **s. 78**.

Assessment focus

For the SQE1 FLK2 assessment you must be able to **apply** the PACE detention rules to a client-based scenario rather than merely recite them. Examiners repeatedly test the **rank distinction**: delay of legal advice under s. 58(8) requires a **superintendent**, whereas delay of notification under s. 56 requires only an **inspector**. You must know that both delay powers apply **only to indictable offences**, can last **up to 36 hours**, and can never amount to outright denial (**R v Samuel** [1988] QB 615; cf. **R v Alladice** (1988) 87 Cr App R 380 on admissibility under s. 78). You must be able to calculate detention limits — **24 hours** (s. 41) → **36 hours** (s. 42, superintendent) → **96 hours** (ss. 43–44, magistrates' warrant) — measured from the **relevant time**, and to assess whether **reviews** (s. 40: first within 6 hours, then at intervals of not more than 9 hours) were timely. Finally you must know the **appropriate adult** rules for juveniles and vulnerable adults. Questions are single best answer (SBAQ); this is a closed-book assessment.

Study tips

1) Lock in the **rank mnemonic**: legal advice (s. 58) is the more important right, so it needs the more senior officer — a **superintendent**; notification (s. 56) needs only an **inspector**. 2) Remember **both** delay powers apply **only to indictable offences** and last a maximum of **36 hours** — and the right can be delayed but **never denied**. 3) Memorise the detention ladder: **24 → 36 → 96 hours**, measured from the **relevant time** (normally arrival at the first police station). 4) Learn the **review timetable**: **first within 6 hours**, **second within 9 hours of the first**, then **at intervals of not more than 9 hours**; review officer must be an **inspector** not involved in the investigation. 5) For vulnerable detainees, an **appropriate adult** must be present at interview; an interview without one is vulnerable to **exclusion under s. 76 or s. 78** unless the Code C, para 11.1 **urgency exception** applies.