Decision to detain

Question 1

what happens if there is insufficient evidence to charge?

Answer 1

S must be released unless the grounds for detention without charge are met

Question 2

what are the grounds for detention without charge?

Answer 2

S must be released unless there are reasonable grounds to believe detention without charge is necessary to:
o Preserve evidence; or
o Obtain evidence by questioning

Question 3

how long can S be detained without charge?

Answer 3

not beyond the detention clock i.e. 24 hrs from relevant time:
o S volunteer = time of arrest
o S attends under police bail or arrested away from station = arrival at station

NB: if at any time the grounds for detention within the custody clock cease to apply, S must be released

Question 4

explain what the detention clock is

Answer 4

time limit for holding S in police custody without charge

Question 5

explain the time limits and who has the authority to extend the detention clock

Answer 5

1. Superintendent = 12 hrs (total detention 36 hours)
2. MC = max. 36 hrs (total detention 72 hours)
3. MC = further 36 hrs (total detention 96 hrs)

Question 6

what are the grounds for extending the detention clock?

Answer 6

there must be reasonable grounds to believe:
o It is necessary to secure/preserve evidence
o It is an indictable offence; and
o The investigation is being carried out diligently and expeditiously

Question 7

what is the review clock?

Answer 7

Periodic review to ensure that the ground for detaining without charge still applies

Question 8

what happens if a periodic review is not undertaken?

Answer 8

Failure to review = tort of false imprisonment

Question 9

who undertakes the review and what are the time frames?

Answer 9

Carried out by inspector or above not involved in investigation:
o 1st review = within 6 hrs of CO authorising detention
o 2nd review = within 9 hrs of 1st review
o Further reviews at least every 9 hrs