Police and Criminal Evidence Act 1984, section 56

Right to have someone informed when arrested

Part V Questioning and Treatment of Persons by Police

(1)Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.

(2)Delay is only permitted—

(a)in the case of a person who is in police detention for [F439an indictable offenceF439] ; and

(b)if an officer of at least the rank of [F440inspectorF440] authorises it.

(3)In any case the person in custody must be permitted to exercise the right conferred by subsection (1) above within 36 hours from the relevant time, as defined in section 41(2) above.

(4)An officer may give an authorisation under subsection (2) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5)[F441 Subject to sub-section (5A) belowF441] An officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—

(a)will lead to interference with or harm to evidence connected with [F442an indictable offenceF442] or interference with or physical injury to other persons; or

(b)will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

(c)will hinder the recovery of any property obtained as a result of such an offence.

[F443 (5A)An officer may also authorise delay where he has reasonable grounds for believing that—

(a)the person detained for [F444 the indictable offenceF444] has benefited from his criminal conduct, and

(b)the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.

(5B)For the purposes of subsection (5A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.F443]

(6)If a delay is authorised—

(a)the detained person shall be told the reason for it; and

(b)the reason shall be noted on his custody record.

(7)The duties imposed by subsection (6) above shall be performed as soon as is practicable.

(8)The rights conferred by this section on a person detained at a police station or other premises are exercisable whenever he is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.

(9)There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.

[F445 (10)Nothing in this section applies to a person arrested or detained under the terrorism provisions [F446 or under section 27 of the National Security Act 2023,F446] [F447 or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019F447] .F445]

Definitions used in section 56 4

premises

“premises” has the meaning assigned to it by section 23 above;

Defined in s.118(1) · see it in the full Act

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

any offshore installation;

(ba)

any renewable energy installation;

(c)

any tent or movable structure; . . .

Defined in s.23 · see it in the full Act
offence

“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;

Defined in s.65(1) · see it in the full Act
the relevant time

(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;

(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;

(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.

Defined in s.41(2) · see it in the full Act
the terrorism provisions

“the terrorism provisions” means sections 41 and 43B of the Terrorism Act 2000 , and any provision of Schedule 7 to that Act conferring a power of detention; and

Defined in s.65(1) · see it in the full Act

Cases considering section 56 4

Essex Police v Transport Arendonk BVBA

[2020] EWHC 212 (QB) · 23 January 2020Disapplies

The court held that the statutory right relied on was owed to the arrested driver, not to the property owner. Section 56(1) therefore could not found the owner’s private law claim, although an independent common law duty might arguably arise on appropriate facts. (see paras [12]; [95]-[96])

HC (A Child,), R (on the application of) v Secretary of State for the Home Department & Anor

[2013] EWHC 982 (Admin) · 25 April 2013

Applies the qualified right of an arrested person to have a friend, relative or other person informed of the arrest and detention (see paras [16], [25]-[27]). Applies the provision as permitting delay only in police detention for an indictable offence and with inspector-level authorisation (see Annex 1 and paras [25]-[27]). Applies the statutory grounds for delaying notification, including possible interference with evidence, to explain the treatment of the claimant as an adult under PACE (see paras [8], [16], [26]).

Stankovic v Chief Constable of the Ministry of Defence Police

[2007] EWHC 2608 (QB) · 9 November 2007

The court upheld the temporary suspension of the claimant’s right to notify a friend or relative because the investigation was sensitive. The suspension of notification was distinct from the refused and misconceived application to suspend access to a solicitor. (see paras [77]-[81])

What each judgment says about section 56 is in the case-law panel in the full Act.

Amendments and notes

20 notes from legislation.gov.uk

Amendments

  1. F439Words in s. 56(2)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(9)(a); S.I. 2005/3495, art. 2(1)(m)
  2. F440Word in s. 56(2)(b) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 74, 138(2)-(4); S.I. 2003/708, art. 2(e)
  3. F441Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(1)
  4. F442Words in s. 56(5)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(9)(a); S.I. 2005/3495, art. 2(1)(m)
  5. F443S. 56(5A)(5B) substituted (24.3.2003) for s. 56(5A) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1)(3), Sch. 11 para. 14(2); S.I. 2003/333, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531, arts. 3, 4)
  6. F444Words in s. 56(5A)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(9)(b); S.I. 2005/3495, art. 2(1)(m)
  7. F445S. 56(10) substituted (19.2.2001) for s. 56(10)(11) by 2000 c. 11, s. 125, Sch. 15 para. 5(5) (with s. 129(1)); S.I. 2001/421, art. 2
  8. F446Words in s. 56(10) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 4(2) (with s. 97); S.I. 2023/1272, reg. 2(f)
  9. F447Words in s. 56(10) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 18(3); S.I. 2020/792, reg. 2(i)

Modifications

  1. C469S. 56 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 99(4)
  2. C470S. 56 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2)(3); s. 56 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b)(d), 5
  3. C471S. 56 applied by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 5(3) (the amendment coming into force in accordance with art. 1(2) of the amending S.I.)
  4. C472S. 56: power to apply (with modifications) conferred (1.1.2004) by Extradition Act 2003 (c. 41), ss. 171(3)(c), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 2(2)))
  5. C473S. 56 applied (with modifications) (1.1.2004) The Extradition Act 2003 (Police Powers) Order 2003 (S.I. 2003/3106), art. 2
  6. C474S. 56 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
  7. C475S. 56 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)
  8. C476S. 56 applied (with modifications) by 1994 c. 33, s. 137D(2)(b) Sch. 7B Pt. 1 (as inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 116(1)(3), 183(1)(5)(e), Sch. 16)
  9. C477S. 56 applied (with modifications) by 1994 c. 33, s. 137D(2)(b) Sch. 7B Pt. 1 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))
  10. C478S. 56(1)-(9) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).
  11. C479S. 56(1)-(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)