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.
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