Police Powers and Detention
Criminal Practice > Police Powers and Detention
What Are Police Powers and Detention in SQE1?
Candidates regularly lose marks by miscalculating detention time limits or confusing which authority can extend detention — errors that SQE1 examiners deliberately test. This requires understanding police station procedure and bail arrangements.
The key powers cover stop and search, arrest, entry and search of premises, seizure of evidence, and detention at the police station. Each power is subject to conditions, time limits, and procedural safeguards.
Key Principles for SQE1
Stop and Search
Under PACE s.1, a constable may search any person or vehicle in a public place if they have reasonable grounds for suspecting they will find stolen or prohibited articles. The officer must state their name, station, the object of the search, and the grounds for it (Code A).
Arrest without Warrant
Under PACE s.24, a constable may arrest without warrant anyone who is about to commit, is committing, or whom they have reasonable grounds to suspect has committed an offence — provided the arrest is necessary. Section 24(5) necessity criteria include: to ascertain the person's name or address, to prevent harm, to protect a child or vulnerable person, to allow prompt investigation, or to prevent disappearance.
Detention Time Limits
An arrested person must be brought to a police station as soon as practicable. The initial detention period is 24 hours from the 'relevant time' (usually arrival at the station). A superintendent can authorise extension to 36 hours for indictable offences. A magistrates' court can extend detention to a maximum of 96 hours.
Review of Detention
The first review must take place no later than 6 hours after detention was first authorised, then at intervals of not more than 9 hours. Reviews are conducted by an inspector (or superintendent after 24 hours).
Rights of the Detained Person
Under PACE s.56 and s.58, the detained person has the right to have someone informed of the arrest and the right to legal advice. These can be delayed for up to 36 hours for indictable offences in limited circumstances (e.g., risk of interference with evidence).
Conditions of Detention
Under Code C, detainees must be provided with adequate food, drink, bedding, and access to medical attention. They must be allowed at least 8 hours' continuous rest in any 24-hour period.
Appropriate Adult
Required when the detainee is a juvenile (under 18) or a vulnerable adult — the appropriate adult must be present during interviews and when rights are explained.
Exam tip
SQE1 questions on detention time limits are frequent and precise. The common trap is confusing the 24-hour, 36-hour, and 96-hour limits and who authorises each extension. Calculate the 'relevant time' carefully — it is usually arrival at the police station, not the time of arrest. For stop and search, check whether the officer had reasonable grounds and followed the correct procedure.
How This Appears in SQE1 Questions
SQE1 questions typically present a detention scenario and ask you to identify the correct time limit, the required authorisation for extension, or whether a right has been properly exercised or lawfully delayed. A common trap is confusing the 24-hour, 36-hour, and 96-hour limits and who authorises each extension. Questions also test whether stop and search was lawful — check for reasonable grounds and whether the officer followed the correct procedure. This is a classic SQE1 trap.
Quick Example Scenario
A suspect is arrested for robbery at 2pm on Monday and arrives at the police station at 3pm. The police wish to continue questioning beyond the initial detention period. What is the latest time the suspect can be detained without charge under police authority alone?
The relevant time is 3pm Monday (arrival at the station). The initial 24-hour period expires at 3pm Tuesday. For an indictable offence like robbery, a superintendent can authorise extension to 36 hours — 3am Wednesday. Beyond that, only a magistrates' court can authorise further detention, up to a maximum of 96 hours (3pm Friday).
Common Mistakes Students Make
- Confusing who authorises each extension — superintendent for 36 hours; magistrates' court for up to 96 hours
- Forgetting the necessity criteria for arrest under s.24(5) — it is not enough that an offence has been committed; the arrest must be necessary for a specified reason
- Overlooking the requirement for an appropriate adult when a juvenile or vulnerable adult is detained
- Miscalculating the 'relevant time' — it is usually arrival at the police station, not the time of arrest
Quick Summary
Police powers and detention under PACE 1984 are tested frequently because the rules are precise:
- Stop and search: Requires reasonable grounds and must follow Code A procedure
- Arrest necessity: Must satisfy one of the s.24(5) criteria
- Detention time limits: 24 hours (default) → 36 hours (superintendent) → 96 hours (magistrate)
- Detention reviews: First at 6 hours, then at 9-hourly intervals
- Rights: Legal advice and notification of arrest can be delayed up to 36 hours in limited circumstances
- Appropriate adult: Required for juveniles and vulnerable adults
- Conditions: Food, drink, rest and medical attention must be provided
Understanding the Legal Framework for Police Authority
Want to test this now? Try a few SQE1-style questions below before moving on.
Test Yourself
Test yourself
Quick check questions based on this article.
Question 1
Scenario
A solicitor attends a police station to represent a client who has been arrested on suspicion of fraud by false representation. The client has been in detention for four hours. The custody officer informs the solicitor that the client's detention was authorised by the custody officer and that a review is due in two hours. The solicitor conducts a private consultation with the client. During the consultation, the client tells the solicitor that he did commit the fraud and that he transferred the proceeds to an offshore bank account that the police do not know about. The client instructs the solicitor not to disclose the existence of the bank account. The client asks the solicitor to advise him on how to answer questions in the upcoming interview. The investigating officer provides the solicitor with pre-interview disclosure indicating that the police have evidence of the false representation but no evidence regarding the proceeds. The solicitor is aware that the Proceeds of Crime Act 2002 imposes obligations in relation to money laundering. The client has no previous convictions and is a director of a small company.
What are the solicitor's obligations in relation to the information about the offshore bank account?
Question 2
Scenario
A woman is arrested at 10:00am on suspicion of criminal damage. She is taken to a police station and arrives in custody at 10:30am. The custody officer authorises her detention at 10:45am. At 12:00pm, the woman asks to speak to a solicitor. The investigating officer tells the woman that a solicitor will be contacted but that the interview needs to take place first because of time constraints. The woman is interviewed at 1:00pm without having received any legal advice. During the interview, she makes admissions about the offence. The woman's detention is reviewed by an inspector at 4:45pm. The woman has no previous convictions and was cooperative throughout.
Has there been a breach of the woman's rights under the Police and Criminal Evidence Act 1984?
Question 3
Scenario
A 17-year-old boy is arrested on suspicion of burglary and taken to the police station. He arrives at the custody suite at 2pm on a Monday. The custody officer authorises detention and informs the boy of his rights, including the right to legal advice and the right to have someone informed of his arrest. The boy asks for the duty solicitor to be contacted. The duty solicitor arrives at 3:30pm and has a private consultation with the boy. During the consultation, the boy tells the solicitor he was at a friend's house at the time of the alleged burglary but does not want his parents to know he has been arrested. The boy's mother has not been contacted. The investigating officer tells the solicitor that they wish to begin the interview immediately. The solicitor notes that no appropriate adult has been called and raises this with the custody officer. The custody officer states that the boy appears mature for his age and that the interview can proceed with the solicitor present in place of an appropriate adult. The boy confirms he is happy to be interviewed without his mother being present. The solicitor has been qualified for eight years and has extensive experience in youth justice.
Should the solicitor permit the interview to proceed without an appropriate adult?
Practice with full exam-style questions
Related Topics
- Police Station Procedure and Interviews for SQE1
- Bail: Presumptions, Grounds for Refusal and Conditions
- Criminal Practice: Complete Topic Guide
- Pre-Trial Procedure for SQE1
Practise Police Powers and Detention Questions for SQE1
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