A warrant of further detention is a court warrant which is usually obtained from a Magistrates’ Court.
How and Why the Police Apply for Warrants of Further Detention
The police apply for a magistrate’s warrant of further detention after they have held a suspect for questioning and require further time to continue their investigations.
Generally, the police are allowed to hold a suspect for up to 24 hours without charge. But this period can be extended to 36 hours if a police officer with the rank of superintendent or above considers that he has reasonable grounds to authorise further detention:
- to secure or preserve evidence, or
- to continue questioning the suspect to obtain further evidence, and that
- the investigation is being conducted diligently.
If, after 24/36 hours in detention, the police think that further questioning is necessary, they can apply to the Magistrates’ Court for an initial warrant of further detention under s.43(1) Police and Criminal Evidence Act (PACE) for a further period of up to 36 hours.
They can make another application for a warrant of further detention under s.44(1) PACE for a further 36 hours’ detention.
But the maximum period of detention without charge must end no later than 96 hours from when detention was first authorised at the police station.
N.B. Different rules apply in terrorist related cases.
Solicitors Who Help With Unlawful Warrants of Further Detention
A warrant of further detention must be obtained by providing truthful information.
If the information the police provide to obtain the warrant of further detention is not correct, so that the Court authorising the warrant is misled, the continued detention of the suspect would be unlawful.
This means that the suspect would be entitled to claim compensation for false imprisonment.
Donoghue Solicitors are expert police warrant claims solicitors.
We are waiting to help with your warrant of further detention claims.
Rating: ***** I would highly recommend Donoghue Solicitors they offer a friendly, helpful, first class service and are always on hand to offer advice. A very professional company. Read more reviews here.
Rating: ***** Exceptional service I hired Kevin to claim monies another solicitor who under valued my personal injury claim. Due to his efforts the value of my claim was increased by 100%. I finally received the full amount due to Kevin’s intervention. I was always fully informed on all issues. I would not hesitate to advise… Read more »
Rating: ***** There are so many law firms out there today that promise to deliver a quality and professional service and while I can’t say there are some bad ones, as I am sure there are, I can definately recommend Donoghue Solicitors as an initial point of contact when considering taking action against the Police…. Read more »
Rating: ***** Brilliant! Donoghue Solicitors dealt with my claim against police with absolute professionalism and sensitivity. Daniel Fitzsimmons dealt with my case and honestly I couldn’t of had a more genuine person who made me feel at ease with the whole process. My claim was on a no win no fee basis. I had previously… Read more »