Police and Criminal Evidence Act 1984, section 41

Limits on period of detention without charge

Part IV Detention

(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

(ii)the time 24 hours after the time of that person’s arrest,

whichever is the earlier;

(b)in the case of a person arrested outside England and Wales, shall be—

(i)the time at which that person arrives at the first police station to which he is taken in the police area in England or Wales in which the offence for which he was arrested is being investigated; or

(ii)the time 24 hours after the time of that person’s entry into England and Wales,

whichever is the earlier;

(c)in the case of a person who—

(i)attends voluntarily at a police station; or

(ii)accompanies a constable to a police station without having been arrested,

and is arrested at the police station, the time of his arrest;

[F264 (ca)in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;F264]

(d)in any other case, except where subsection (5) below applies, shall be the time at which the person arrested arrives at the first police station to which he is taken after his arrest.

(3)Subsection (2)(a) above applies to a person if—

(a)his arrest is sought in one police area in England and Wales;

(b)he is arrested in another police area; and

(c)he is not questioned in the area in which he is arrested in order to obtain evidence in relation to an offence for which he is arrested;

and in sub-paragraph (i) of that paragraph “the relevant police station” means the first police station to which he is taken in the police area in which his arrest was sought.

(4)Subsection (2) above shall have effect in relation to a person arrested under section 31 above as if every reference in it to his arrest or his being arrested were a reference to his arrest or his being arrested for the offence for which he was originally arrested.

(5)If—

(a) a person is in police detention in a police area in England and Wales (“the first area”); and

(b) his arrest for an offence is sought in some other police area in England and Wales (“the second area”); and

(c)he is taken to the second area for the purposes of investigating that offence, without being questioned in the first area in order to obtain evidence in relation to it,

the relevant time shall be—

(i)the time 24 hours after he leaves the place where he is detained in the first area; or

(ii)the time at which he arrives at the first police station to which he is taken in the second area,

whichever is the earlier.

(6)When a person who is in police detention is removed to hospital because he is in need of medical treatment, any time during which he is being questioned in hospital or on the way there or back by a police officer for the purpose of obtaining evidence relating to an offence shall be included in any period which falls to be calculated for the purposes of this Part of this Act, but any other time while he is in hospital or on his way there or back shall not be so included.

(7)Subject to subsection (8) below, a person who at the expiry of 24 hours after the relevant time is in police detention and has not been charged shall be released at that time [F265—

[F266 (a)on bail, if the pre-conditions for bail are satisfied, or

(b)without bail, if those pre-conditions are not satisfied.F266,F265]]

(8)Subsection (7) above does not apply to a person whose detention for more than 24 hours after the relevant time has been authorised or is otherwise permitted in accordance with section 42 or 43 below.

(9)A person released under subsection (7) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless [F267, since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made beforeF267] his release [F268; but this subsection does not prevent an arrest under section 46A below.F268]

[F269 (10)Subsection (11) applies where—

(a)a person is released under subsection (7), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(11)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(12)Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.F269]

[F270 (13)Section 47(6) and (6A) makes further provision about the calculation of a period of police detention for the purposes of this Part.F270]

Definitions used in section 41 2

bail

(3) Subject to subsections (3A) and (4) below, in this Part of this Act references to “bail” are references to bail subject to a duty—

(a)to appear before a magistrates' court at such time and such place as the custody officer may appoint;

(b)to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of—

(i)proceedings held for the purposes of section 51 of the Criminal Justice Act 2003 (directions for live links in criminal proceedings) so far as that section applies to preliminary hearings (within the meaning of that section), and

(ii)any such hearing in relation to which a direction under that section is given requiring or permitting the person on bail to take part through a live audio link or a live video link (within the meaning of that section);

(c)to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b) (subject to section 47ZA) .

Defined in s.47(3) · see it in the full Act
caution

(5E) In this Part “caution” includes—

(a)a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

(b)a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

(c)a youth caution under section 66ZA of that Act.

Defined in s.34(5E) · see it in the full Act

Cases considering section 41 6

Rashid v Chief Constable of West Yorkshire Police

[2020] EWHC 2522 (QB) · 25 September 2020

The judgment applied section 41(1) to distinguish the maximum period of detention without charge from voluntary attendance. The 24-hour period did not create a time constraint for a voluntary interview. (see paras [83]-[85])

Manchester Police, R (On the Application Of) v Hookway & Anor

[2011] EWHC 1578 (Admin) · 19 May 2011Interprets

The court used section 41 as the starting point for the ordinary 24-hour detention period and construed the related calculation provisions to identify the relevant time. (see paras [3]-[4]) The court interpreted section 41(2) as identifying the relevant time from which detention periods are calculated. (see paras [4], [20], [22], [24]) The court confirmed that section 41(2)(a) applies only where arrest is sought in one police area and occurs in another, which was not the case here. (see para [4]) The court applied section 41(2)(d) and held that the relevant time was the time of arrival at the first police station after arrest. (see paras [4], [20], [22]) The court referred to section 41(3) in explaining the limited circumstances in which section 41(2)(a) applies. (see para [4]) The court cited section 41(9) as an example of a statutory power permitting re-arrest where fresh evidence emerges. (see para [19])

B v Secretary of State for the Home Department

[2018] UKSC 5 · 8 February 2018Limits

The police-bail provisions were identified as a possible statutory exception to the general principle that bail requires an exercisable lawful power to detain (see para [53]).

What each judgment says about section 41 is in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F264S. 41(2)(ca) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 8; S.I. 2004/81, art. 2(1)(2)(a)
  2. F265Words in s. 41(7) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 56(1), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
  3. F266S. 41(7)(a)(b) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 8 (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
  4. F267Words in s. 41(9) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 65(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 17 (with reg. 5)
  5. F268Words in s. 41(9) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(b)(5); S.I. 1995/721, art. 2,Sch.
  6. F269S. 41(10)-(12) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 67(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 18
  7. F270S. 41(13) inserted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 35 (with s. 45(3)); S.I. 2022/1075, reg. 4(b)

Modifications

  1. C407Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
  2. C408S. 41 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(6); s. 41 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 2, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 3, 6, 7
  3. C409S. 41(1)(2)(b)(c)(d)(4)-(9) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  4. C410S. 41(1)(2)(4)(6)-(9) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)