Page:Police and Criminal Evidence Act 1984.pdf/49

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 * (b) an offence for which he is under arrest is a serious arrestable offence; and
 * (c) the investigation is being conducted diligently and expeditiously.

(5) Subject to subsection (7) below, an application for a warrant of further detention may be made—
 * (a) at any time before the expiry of 36 hours after the relevant time; or
 * (b) in a case where—
 * (i) it is not practicable for the magistrates’ court to which the application will be made to sit at the expiry of 36 hours after the relevant time; but
 * (ii) the court will sit during the 6 hours following the end of that period,

at any time before the expiry of the said 6 hours.

(6) In a case to which subsection (5)(b) above applies—
 * (a) the person to whom the application relates may be kept in police detention until the application is heard; and
 * (b) the custody officer shall make a note in that person’s custody record—
 * (i) of the fact that he was kept in police detention for more than 36 hours after the relevant time; and
 * (ii) of the reason why he was so kept.

(7) If—
 * (a) an application for a warrant of further detention is made after the expiry of 36 hours after the relevant time; and
 * (b) it appears to the magistrates’ court that it would have been reasonable for the police to make it before the expiry of that period,

the court shall dismiss the application.

(8) Where on an application such as is mentioned in subsection (1) above a magistrates’ court is not satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it shall be its duty—
 * (a) to refuse the application; or
 * (b) to adjourn the hearing of it until a time not later than 36 hours after the relevant time.

(9) The person to whom the application relates may be kept in police detention during the adjournment.