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UK PACE Custody & Investigation Procedure Clock

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Police and Criminal Evidence Act 1984 (PACE) Statutory Timelines, Reviews, Charging Tests & Active Contempt Rules

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\n PROCEEDINGS ACTIVE (STRICT LIABILITY)\n
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Detention Clock (PACE s.41 / s.42 / s.43 / s.44)
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04h 30m elapsed
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Current Authority Level
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Custody Sergeant (s.37)
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19h 30m remaining in current phase
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0–24h Standard
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+12h Supt
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36–72h Mags 1st
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72–96h Mags 2nd
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Initial PACE 24h
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Supt s.42 (+12h)
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Magistrates Court s.43 (+36h)
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Statutory Ceiling s.44 (96h Max)
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Statutory Custody State & Requirements

\n Indictable Only Offence\n
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Statutory Phase
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Initial PACE Custody
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PACE 1984 s.41 (Max 24h)
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Next Mandatory Review
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6h 00m (in 1h 30m)
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By Review Officer (Inspector+)
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Authority Required
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Custody Officer
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Independent of inquiry team
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\n Statutory Grounds Currently Invoked:\n

\n Detention authorised under PACE s.37(1): Custody officer has reasonable grounds to believe that detention without charge is necessary to secure or preserve evidence, or to obtain such evidence by questioning the detained person.\n

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Mandatory Statutory Review Schedule (PACE s.40)

\n Chronological Milestones\n
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Milestone HourAuthority & Legal ProvisionStatutory FunctionState
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Disposal & Charging Decision Pathways

\n CPS Code for Crown Prosecutors\n
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\n Before detention expires, police must either charge the suspect or release them (on bail under the PCSC Act 2022 framework, Released Under Investigation, or No Further Action). For major indictable offences, charging authority rests with the Crown Prosecution Service (CPS).\n

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\n Full Code Test (Standard Crown Charging Decision): Applied where all outstanding evidence is available. Both stages must be satisfied:\n
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\n Outcome: Criteria met for CPS charge authorization under Full Code Test.\n
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\n \n \n \n Contempt of Court Act 1981\n

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\n Strict Liability Rule: ACTIVE\n
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\n Under Schedule 1, proceedings become active the moment an arrest is executed. Any publication creating a substantial risk of serious prejudice or impediment is an automatic criminal contempt.\n

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  • No speculation on guilt: Cannot broadcast alleged motive, prior character, criminal history, or confession material.
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  • Strict anonymity: Section 49 Children and Young Persons Act 1933 automatically prohibits identifying deceased child victims or child witnesses under 18.
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  • Photo/Ident restriction: Publishing images of suspects before identification procedures (VIPER) creates grave risk of collapsing trials.
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Superintendent Extension Conditions

\n PACE s.42 Statutory Test\n
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\n Required before an officer of Superintendent rank or above can extend detention from 24h to 36h:\n
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\n ✔\n Indictable Offence: Must be an offence triable only on indictment (e.g., murder) or either way.\n
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\n ✔\n Diligent & Expeditious: Inquiry must be conducted expeditiously with no avoidable police delays.\n
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\n ✔\n Necessary to Secure Evidence: Reasonable grounds to believe detention is essential to obtain or preserve evidence.\n
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\n ✔\n Right to Make Representations: Detained person or their legal solicitor must be given opportunity to make representations.\n
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Magistrates' Court Warrants

\n PACE s.43 / s.44\n
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\n Police must apply on oath to a Magistrates' Court before the 36-hour limit. Detainee must be produced in court unless excused. Maximum single warrant is 36 hours, up to the absolute 96-hour statutory ceiling.\n

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\n Absolute statutory maximum detention without charge in England & Wales under ordinary PACE: 96 hours.\n
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Procedural Summary Briefing

\n Export Current State\n
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\n Generates a verified procedural compliance briefing reflecting the active slider state and selected statutory criteria.\n
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\n Statutory Framework & Jurisdiction Reference:\n

\n Applicable to England & Wales pursuant to the Police and Criminal Evidence Act 1984 (PACE) (c. 60), PACE Code C (Revised 2023), the Contempt of Court Act 1981 (c. 49), and the Police, Crime, Sentencing and Courts Act 2022 (pre-charge bail reforms). Sourced in context of major Staffordshire Police murder inquiries. Crown Prosecution Service (CPS) charging decisions guided by the Code for Crown Prosecutors (8th Edition).\n

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