Page:Police and Criminal Evidence Act 1984.pdf/44

38c. 60

(10) Where the person whose detention is under review has been charged before the time of the review, section 38(1) to (6) above shall have effect in relation to him, but with the substitution of references to the person whose detention is under review for references to the person arrested.

(11) Where—
 * (a) an officer of higher rank than the review officer gives directions relating to a person in police detention; and
 * (b) the directions are at variance—
 * (i) with any decision made or action taken by the review officer in the performance of a duty imposed on him under this Part of this Act; or
 * (ii) with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,

the review officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the review officer is acting as review officer in connection with the detention.

(12) Before determining whether to authorise a person’s continued detention the review officer shall give—
 * (a) that person (unless he is asleep); or
 * (b) any solicitor representing him who is available at the time of the review,

an opportunity to make representations to him about the detention.

(13) Subject to subsection (14) below, the person whose detention is under review or his solicitor may make representations under subsection (12) above either orally or in writing.

(14) The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.

41.—(1) Subject to the following provisions of this section and to sections 42 and 43 below, a person shall not be kept in police detention for more than 24 hours without being charged.

(2) The time from which the period of detention of a person is to be calculated (in this Act referred to as “the relevant time”)—
 * (a) in the case of a person to whom this paragraph applies, shall be—
 * (i) the time at which that person arrives at the relevant police station; or