SQE1 practice question ยท Criminal practice

How long can the police hold a suspect?

An SQE1-style single best answer question on criminal practice (FLK2), with the answer explained.

FLK2Criminal practice

The question

Zara is arrested for an indictable offence and taken to a police station. The custody officer authorises her detention without charge to secure and preserve evidence.

Which of the following is the best answer?

Show the answer and explanation

The best answer is A: She can be held for up to 24 hours from the relevant time; a superintendent can extend this to 36 hours; and magistrates can authorise further detention up to 96 hours in total.

Under the Police and Criminal Evidence Act 1984, the basic limit is 24 hours from the relevant time (s 41). For an indictable offence, an officer of at least superintendent rank can authorise continued detention up to 36 hours (s 42). Beyond that, the police need a warrant of further detention from magistrates, up to a maximum of 96 hours in total (ss 43 and 44).

The 14-day period in option D comes from terrorism legislation, not PACE. Detention is never open-ended (option E): the custody officer must review it and release the suspect once the grounds for detention end.