Sergeants Exam
PACE Detention and Interviews
Detention and interviews is a rank-and-time topic. Most wrong answers come from mixing up an inspector with a superintendent, or 24 with 36 with 96 hours, or the clock's start time. This page sets out the law in plain English with section numbers, the traps, six worked questions from our verified bank, a Blackstone's 2026 chapter map and scenarios. Everything was checked on legislation.gov.uk and GOV.UK on 4 October 2026.
Independent information, not advice · Sources checked 4 October 2026 · England and Wales unless stated
Know the clock (24 hours from the relevant time, 36 on a superintendent's authority for indictable offences, then a magistrates' court up to 96 hours), who does what (custody officer: sergeant or above; reviews before charge: inspector or above; delay of notification: inspector; delay of legal advice, extension, urgent vulnerable-person interviews: superintendent), the caution wording and when silence cannot be used against a suspect, the appropriate adult rules, and the charging and bail ladders. The exam tests only the law as it appears in the Manuals edition for the sitting.
PACE detention and interviews at a glance
This is a topic page for the sergeants' step two exam. For the wider PACE picture, read PACE 1984 for sergeants; for what comes before the custody suite (arrest, stop and search, entry), see PACE searches and arrest. For what the exam is, see the sergeant exam explained. Section numbers are from the Police and Criminal Evidence Act 1984 as revised on legislation.gov.uk and paragraph numbers are from Code C 2023 and Codes E and F 2018.
| Item | The rule |
|---|---|
| Default detention limit | 24 hours from the relevant time (s.41(1)) |
| Extension to 36 hours | Superintendent or above responsible for the station; indictable offence (including either-way); necessary to secure or preserve evidence or obtain it by questioning; diligent and expeditious investigation (s.42(1)). Not after 24 hours, not before the second review (s.42(4)) |
| Beyond 36 hours | Magistrates' court only: warrant of further detention up to 36 hours (s.43), extensions of up to 36 hours each (s.44), nothing ending later than 96 hours after the relevant time |
| Reviews before charge | Inspector or above, not involved in the investigation. First within 6 hours of detention first authorised, second within 9 hours of the first, then at intervals of not more than 9 hours (s.40) |
| Custody officer | Sergeant or above, not involved in the investigation, decides whether there is sufficient evidence to charge and whether to authorise detention (ss.36, 37) |
| Delay notifying arrest (s.56) | Inspector or above; indictable offence; never beyond 36 hours from the relevant time |
| Delay legal advice (s.58) | Superintendent or above; indictable offence; never beyond 36 hours from the relevant time |
| Legal advice, change of mind | Inspector or above, in writing, plus the detainee's signed confirmation (Code C para 6.6(d)) |
| Urgent interview without AA or interpreter | Superintendent or above (Code C paras 11.18 to 11.20) |
| Written record instead of audio (Code E) | Custody officer for a detainee at a station; sergeant or above for some voluntary interviews on indictable offences (Code E paras 2.3 to 2.4) |
| Pre-charge bail periods | 3 months; inspector to 6; superintendent to 9; court beyond that; commander or ACC to 12 only in a DPP-designated case (ss.47ZB to 47ZF) |
| Where the exam looks | Blackstone's 2026 chapters 2.2, 2.6 and 2.8. In the March 2026 sergeants breakdown we counted 14 of 140 scored questions on these subjects. The exam tests only the law as it appears in the Manuals edition for the sitting |
Learn the traps table and the clock first, then do the worked questions cold, then read the scenarios. Check every rule against the Blackstone's chapters for your sitting before you rely on it: the Manuals are the syllabus and this page is a revision aid.
The custody officer: who, what and why they matter
Almost every question starts with the custody officer. The rank and independence rules are short and they are examinable.
- Rank. A custody officer at a designated station must be at least a sergeant (s.36(3)). If a custody officer is not readily available, an officer of any rank may perform the functions (s.36(4)). At a non-designated station an officer who is not involved in the investigation does it if one is readily available, otherwise the officer who took him there or any other officer (s.36(7)).
- Independence. The functions are not to be performed by an officer involved in the investigation of the offence the person is detained for (s.36(5)), with exceptions such as performing functions given to custody officers by PACE or the Codes, the s.39 duty, identification work and the drink-drive procedures (s.36(6)).
- Duty to decide. At each station where he is detained the custody officer determines whether there is sufficient evidence to charge for the offence of arrest and may detain him for as long as is necessary to do that (s.37(1)). If there is not sufficient evidence and the pre-conditions for bail are satisfied the person must be released on bail (s.37(2)); if they are not, released without bail (s.37(2A)). Detention without charge is allowed only where the custody officer has reasonable grounds to believe it is necessary to secure or preserve evidence relating to the offence of arrest or to obtain it by questioning (s.37(3)).
- Written grounds. The custody officer writes down the grounds as soon as practicable and, unless the person is incapable of understanding, violent or likely to be violent, or in urgent need of medical attention, in the detainee's presence, telling him the grounds (s.37(4) to (6)).
- Responsibility for treatment. The custody officer ensures that people are treated in accordance with PACE and the Codes and that required matters are recorded in the custody record (s.39(1)). Responsibility passes to an investigating officer who takes custody for an interview and returns on return (s.39(2) and (3); Code C para 12.1).
- Higher rank directions. If an officer of higher rank gives directions at variance with a decision the custody officer has made or would make, the custody officer refers the matter at once to a superintendent or above responsible for the station (s.39(6)). The same applies to a review officer (s.40(11)).
- Acting rank. Where Code C requires the authority of an inspector or superintendent, a sergeant or chief inspector authorised to perform the higher rank's functions under PACE s.107 may give it (Code C para 1.9A). Read the stem for whether an acting rank is in play.
- Release authority. No person in police detention is released except on the authority of a custody officer at the station where detention was authorised, or where it was last authorised if more than one (s.34(3)). The custody officer must order immediate release when the grounds for detention have ceased and no other ground exists (s.34(2)).
The sections that follow work through the time limits, the rights and the interview rules in the order a detainee meets them.
The detention clock: the relevant time and the 24 hour limit
A person must not be kept in police detention for more than 24 hours without being charged (s.41(1)), subject to the extensions below. The 24 hours run from the relevant time, defined in s.41(2). At 24 hours, an uncharged person is released on bail if the pre-conditions are satisfied and otherwise without bail (s.41(7)), unless detention has been authorised under s.42 or permitted under s.43 (s.41(8)). After release he cannot be re-arrested for the same offence without a warrant unless new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before release (s.41(9)).
| Situation | Relevant time | Note |
|---|---|---|
| Arrested elsewhere, taken to a police station (the normal case) | Arrival at the first police station he is taken to after arrest (s.41(2)(d)) | Not the time of arrest and not the time the custody officer authorises detention |
| Arrest sought in area A, arrested in area B, not questioned in B | The earlier of arrival at the first police station in area A, or 24 hours after arrest (s.41(2)(a) and (3)) | Worked question 1 below |
| Voluntary attender, then arrested at the station | The time of arrest (s.41(2)(c)) | Time spent as a volunteer does not count |
| Attends to answer street bail (s.30A) | The time he arrives at the police station (s.41(2)(ca)) | Not the time of the original street arrest |
| In detention in area A, arrest sought in area B, taken there without questioning in A | The earlier of 24 hours after leaving the place of detention in A, or arrival at the first police station in B (s.41(5)) | Rare, but it is in the section |
| Arrested outside England and Wales | Arrival at the first station in the investigating area, or 24 hours after entry into England and Wales, whichever is earlier (s.41(2)(b)) | Rare |
| Taken to hospital while detained | Time spent being questioned in hospital or on the way counts; other hospital time does not (s.41(6)) | The clock pauses only for non-questioning time |
In the ordinary case the clock starts on arrival at the first police station. Time spent travelling after arrest does not count, and the custody officer's decision to authorise detention, which follows arrival, does not move the start later. Questions routinely put arrest time, arrival time and authorisation time in the stem and ask which one starts the clock.
Two related rules. A person arrested by one force on behalf of another, before the s.41 detention period has begun, may not be questioned about the offence in transit between the forces except to clarify a voluntary statement (Code C para 14.1). A person in detention at a hospital may not be questioned without a responsible doctor's agreement (Code C para 14.2).
Reviews, the 36 hour extension and warrants of further detention
The ladder is: custody officer authorisation, inspector reviews, superintendent extension to 36 hours, then a magistrates' court. The table puts the actors, deadlines and safeguards side by side.
| Step | When | Who | Safeguards and traps |
|---|---|---|---|
| Authorisation of detention (custody officer) | The s.37(1) determination is made as soon as practicable after arrival (s.37(10)); authorisation under s.37(3) follows | Custody officer, sergeant or above | Written grounds, in the detainee's presence unless violent, incapable of understanding or in urgent need of medical attention (s.37(4) to (6)) |
| First review | No later than 6 hours after detention was first authorised (s.40(3)(a)) | Inspector or above, not directly involved in the investigation (pre-charge) | Detainee, solicitor and appropriate adult can make representations; a sleeping detainee need not be woken (s.40(12); Code C 15.3) |
| Second review | No later than 9 hours after the first (s.40(3)(b)) | Same | The second review is a precondition for a 36 hour authorisation (s.42(4)(b)) |
| Later reviews | At intervals of not more than 9 hours (s.40(3)(c)) | Same | Postponement only if not practicable, questioning would be prejudiced, or no review officer is readily available; reasons recorded; later review times are not shifted (s.40(4) to (7)) |
| Extension to 36 hours | After the second review and no later than 24 hours after the relevant time (s.42(4)) | Superintendent or above responsible for the station | Detainee or solicitor must be given the chance to make representations, including a sleeping detainee (s.42(6); Code C Note 15C) |
| Warrant of further detention | Application before 36 hours expire, or within 6 hours after if the court cannot sit at 36 hours (s.43(5)) | Magistrates' court on a constable's sworn application | Detainee brought to court and legally represented; up to 36 hours per warrant; dismissed if police could reasonably have applied earlier (s.43(2), (3), (7), (12)) |
| Extension of warrant | Before the warrant runs out (s.44) | Magistrates' court | Up to 36 hours each time; nothing ending later than 96 hours after the relevant time (s.44(3)) |
Reviews (s.40)
- Before charge, the review officer is an officer of at least inspector rank who has not been directly involved in the investigation (s.40(1)(b)). After charge, the custody officer reviews (s.40(1)(a)).
- The first review is no later than six hours after detention was first authorised, the second no later than nine hours after the first, and subsequent reviews at intervals of not more than nine hours (s.40(3)).
- A review may be postponed where it is not practicable at the latest time, including where questioning would be prejudiced by an interruption or no review officer is readily available (s.40(4)). It is then carried out as soon as practicable, the postponement does not move later reviews, and the reasons are recorded (s.40(5) to (7)).
- Before deciding on continued detention the review officer gives the detainee (unless asleep) or any available solicitor the opportunity to make representations (s.40(12)). The appropriate adult can also make representations under Code C para 15.3.
- The review officer must be present at the station unless a telephone review (s.40A) or a live link review (s.45A) is used. Code C para 15.9B says a telephone review is not permitted where live link facilities exist and it is practicable to use them. The review officer decides the format, taking full account of the person's needs (Code C paras 15.1, 15.3C and 15.9 to 15.9C).
- The review officer must not put specific questions about involvement in an offence while hearing representations, because that could be an interview needing the safeguards (Code C para 15.6).
Extension to 36 hours (s.42)
- A superintendent or above who is responsible for the station may authorise detention up to 36 hours after the relevant time if there are reasonable grounds for believing three things: detention is necessary to secure or preserve evidence relating to an offence of arrest or to obtain it by questioning; an offence of arrest is an indictable offence (the three conditions in s.42(1)); and the investigation is being conducted diligently and expeditiously.
- No authorisation may be given more than 24 hours after the relevant time or before the second review has been carried out (s.42(4)). The superintendent must inform the person of the grounds and record them (s.42(5)), and give him or his available solicitor the chance to make representations (s.42(6)), orally or in writing, though oral representations from the detainee can be refused if he is unfit by reason of condition or behaviour (s.42(7) and (8)).
- If the person has not yet exercised his s.56 or s.58 rights, the superintendent informs him of them, decides whether he may exercise them and records the decision and, if refused, the grounds (s.42(9)).
- For a juvenile or vulnerable person, holding beyond 24 hours depends on the person's special vulnerability, the duty to hear representations, consulting the appropriate adult and alternatives to custody (Code C para 15.2A).
- A superintendent not present at the station can authorise by live link only if the Code's conditions are met, including that the detainee has received legal advice on the live link and consented (Code C paras 15.4 and 15.11A). We have not set out every condition (see Not verified).
Warrants of further detention (ss.43 and 44)
- On a constable's application on oath, a magistrates' court may issue a warrant if satisfied that further detention is justified. The test is the same three conditions as for s.42 (s.43(4)). The detainee must be given a copy of the information and brought before the court, and is entitled to legal representation, with adjournment and detention to obtain it (s.43(2) and (3)).
- The application can be made before 36 hours have expired. If the court cannot sit at the 36 hour point but will sit within the following six hours, it can be made within those six hours, and the person may be kept until it is heard with the custody officer noting why (s.43(5) and (6)). If an application is made after 36 hours and it would have been reasonable to make it earlier, the court must dismiss it (s.43(7)).
- The warrant may be for such period as the court thinks fit but not longer than 36 hours (s.43(11) and (12)). It can be extended under s.44, each extension of no more than 36 hours and not ending later than 96 hours after the relevant time (s.44(3)).
- If an application is refused the person is charged or released (s.43(15)), though not before 24 hours after the relevant time or before the end of any longer period authorised under s.42 (s.43(16)). A fresh application needs new evidence (s.43(17)).
A court cannot issue a single 96 hour warrant. The warrant is for up to 36 hours, each extension is for up to 36 hours, and the end point cannot be later than 96 hours after the relevant time. Another trap: only a magistrates' court can authorise beyond 36 hours, never a superintendent.
Telling someone, and legal advice: s.56, s.58 and Annex B
The two rights are built the same way in PACE but they differ by rank, and the exam depends on that difference.
| Right | Content | Delay authorised by | Limits and traps |
|---|---|---|---|
| Tell someone (s.56; Code C section 5) | One friend, relative or person likely to take an interest in welfare, told at public expense as soon as practicable | Inspector or above | Indictable offence only; grounds in s.56(5) and (5A); 36 hours; detainee told the reason; reason noted |
| Legal advice (s.58; Code C section 6) | Consult a solicitor privately at any time, free; request recorded in the custody record | Superintendent or above (s.58(6)) | Indictable offence only; grounds in s.58(8) and (8A); 36 hours; Annex B para 3 allows delay of a particular solicitor only on narrow grounds, and the detainee may choose another |
| Interview before the solicitor arrives | Not allowed unless an exception in Code C para 6.6 applies | (a) delay authorised by a superintendent; (b) a superintendent is satisfied waiting would cause a relevant consequence; (c) chosen solicitor cannot be contacted or declines and duty solicitor declined, with an inspector's agreement; (d) change of mind, inspector's written authority | Under (a) and (b) the Annex C restriction on adverse inferences applies. Under (c) and (d) it does not |
- A delay under s.56 or s.58 is allowed only for a person in police detention for an indictable offence (s.56(2)(a); s.58(6)(a)) and, in the Code, only for a person not yet charged (Annex B para 1).
- The s.56 grounds include interference with or harm to evidence, interference with or physical injury to other persons, alerting other suspects not yet arrested, hindering recovery of property, and (from the confiscation provisions) hindering recovery of the value of a benefit from criminal conduct (s.56(5), (5A) and (5B); s.58(8) to (8B)).
- Whenever delay is authorised, the detainee is told the reason and it is noted on the custody record (s.56(6); s.58(9)). Once the reason ceases there may be no further delay (s.56(9); s.58(11)).
- Legal advice cannot be delayed on the ground that the solicitor might advise the detainee not to answer questions (Annex B para 4). The fact the grounds for delaying notification may be satisfied does not mean the grounds for delaying legal advice are (Annex B para 5).
- Code C para 6.4 says no officer should do or say anything with the intention of dissuading a person from obtaining legal advice. For a juvenile or vulnerable person, the appropriate adult should consider whether advice is needed, and if the person wants a solicitor action is taken without waiting for the appropriate adult (Code C para 6.5A).
Delay of notification: inspector. Delay of legal advice: superintendent. Both stop at 36 hours from the relevant time at the latest. An option that gives the superintendent the notification decision, or the custody officer either decision, is wrong. Neither delay is available for a summary-only offence.
Interviewing before advice: Code C para 6.6
A detainee who wants legal advice may not be interviewed until they have received it unless one of four exceptions applies. (a) A superintendent has authorised delay under Annex B. (b) A superintendent has reasonable grounds to believe delaying the interview to await advice will have one of the relevant consequences. (c) The chosen solicitor cannot be contacted, has indicated they do not wish to be contacted or has declined to attend and the detainee has been advised of the duty solicitor scheme but declined it, in which case an inspector or above must have agreed. (d) The detainee changes their mind, with the inspector's steps and written authority set out in para 6.6(d). Under (a) and (b) the Annex C restriction on adverse inferences applies. Under (c) and (d) it does not, because the detainee has had the opportunity to consult a solicitor.
Cautions, silence and special warnings
A person whom there are grounds to suspect of an offence must be cautioned before any questions about the offence, or further questions if the answers provide the grounds for suspicion, are put to them if either their answers or their silence may be given in evidence in a prosecution. A caution is not needed for questions for other necessary purposes, for example solely to establish identity or vehicle ownership (Code C para 10.1). A person arrested or further arrested is cautioned on arrest unless a Code G exception applies (para 10.4).
| Occasion | Words | Where |
|---|---|---|
| On arrest and on every occasion before charge | "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence." | Code C para 10.5 |
| On charge or being told you may be prosecuted | "You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence." | Code C para 16.2 |
| Restriction on inferences applies (Annex C) | "You do not have to say anything, but anything you do say may be given in evidence." | Code C para 10.6 and Annex C para 2 |
| Interview about an offence after charge (exceptional) | "You do not have to say anything, but anything you do say may be given in evidence." plus a reminder of the right to legal advice | Code C para 16.5 |
- Not under arrest. Someone not under arrest who is initially cautioned or reminded they are under caution must at the same time be told they are not under arrest and about the voluntary interview provisions (Code C paras 10.2 and 3.21 to 3.21B). Before asking questions about involvement the interviewer asks them to confirm they agree to the interview proceeding (para 3.22A).
- After a break. After any break in questioning under caution the person must be made aware they remain under caution, and if there is any doubt the caution is given again in full (para 10.8).
- Minor deviations. Minor deviations from the wording are not a breach if the sense is preserved (para 10.7).
- Re-cautioning when the position changes. When the restriction on inferences begins or ceases to apply after a caution, the person is re-cautioned and the change is explained in ordinary language (Annex C para 3).
- Special warnings. A detainee interviewed at a station after arrest who fails or refuses to account for objects, marks or substances, or for their presence at a place, may have inferences drawn under the Criminal Justice and Public Order Act 1994 ss.36 and 37, but only if the restriction does not apply and they were first told in ordinary language: the offence under investigation, the fact they are asked to account for, that it may be due to taking part in the offence, that a court may draw a proper inference if they fail or refuse, and that a record is being made which may be given in evidence (Code C paras 10.10 and 10.11). A juvenile or vulnerable person is not given that information unless the appropriate adult is present (para 10.11A), and a caution given in their absence must be repeated in their presence (para 10.12).
When adverse inferences cannot be drawn (Annex C)
The restriction applies to a detainee at a police station who, before being interviewed or charged, has asked for legal advice, has not been allowed an opportunity to consult a solicitor (including the duty solicitor) and has not changed their mind. It also applies to a person charged or told they may be prosecuted who has had a statement or interview of another person brought to their notice under para 16.4, is interviewed about the offence under para 16.5, or makes a written statement about it. It does not apply to a person who is not detained and so can seek advice if they want to (Annex C Note C1). An interview during delayed legal advice is the classic case: no adverse inference may be drawn from silence (Annex B para 15).
Interview rules: where, when and how long
- Where. After a decision to arrest, the suspect must not be interviewed about the offence except at a police station or other authorised place of detention, unless delay would be likely to lead to interference with or harm to evidence, interference with or physical harm to people, serious loss of or damage to property, alerting other suspects, or hindering recovery of property. Interviewing in those circumstances stops once the risk is averted or the necessary questions have been put (Code C para 11.1).
- What an interview is. It is questioning about involvement or suspected involvement in an offence, which must be under caution. Before the interview the suspect and any solicitor must be given enough information to understand the nature of the offence and why they are suspected, at the investigating officer's discretion on what that requires, and a record is made of what was disclosed (para 11.1A).
- Reminder of advice. Immediately before an interview starts or restarts the interviewer reminds the suspect of their entitlement to free legal advice and that the interview can be delayed to obtain it, unless a para 6.6 exception applies, and records that reminder (para 11.2).
- Significant statements and silences. After cautioning, the interviewer puts any significant statement or silence from before the interview that has not already been put (para 11.4).
- No oppression. No interviewer may try to obtain answers by the use of oppression (para 11.5).
- When it must stop. The interview of a person not yet charged must cease when the officer in charge is satisfied all relevant questions have been put (including giving an opportunity for an innocent explanation and testing it), has taken account of other available evidence, and the officer in charge or, for a detainee, the custody officer reasonably believes there is sufficient evidence to provide a realistic prospect of conviction (para 11.6). The officer in charge must then inform the custody officer without delay (para 16.1).
- Fitness. Before an interview the custody officer, in consultation with the officer in charge and healthcare professionals as necessary, assesses fitness, looks at risks to physical and mental state and decides what safeguards are needed. The custody officer must not allow an interview that would cause significant harm. The decision rests on functional ability, not diagnosis alone (para 12.3, Annex G). Practice questions on this usually offer the healthcare professional or the investigator as the decision-maker, and both are wrong: it is the custody officer.
- Rest and breaks. Detainees must have a continuous period of at least 8 hours' rest in any 24 free from questioning, travel or interruption connected with the investigation, with a fresh period needed if interrupted on the para 12.2(a) grounds (para 12.2). Short refreshment breaks at about two hour intervals and breaks at recognised meal times are expected, subject to reasoned delay (para 12.8).
- Refusal to leave the cell. A suspect whose detention is authorised to obtain evidence by questioning may choose not to answer but police do not need their consent to interview. If they refuse to leave the cell they are told the interview may take place in the cell (para 12.5).
- Written statements under caution. Taken on the prescribed forms in accordance with Annex D, after a reminder of the right to legal advice (paras 12.13 and 12.14).
- Records and complaints. Interview records are accurate, timed and signed by the maker, and the person is given a chance to read and sign (paras 11.7 to 11.14). If a complaint is made about the Codes, or the interviewer sees the interviewee may have been treated improperly, they follow para 12.9.
- Voluntary interviews. A volunteer may leave at will unless arrested (para 3.21), and the interview proceeds only if they agree (para 3.22A).
- After charge. A detainee may not be interviewed about the offence unless necessary to prevent or minimise harm or loss to another person or the public, to clear up an ambiguity in a previous answer or statement, or in the interests of justice to put new information to them. The interviewer cautions, reminds them of the right to advice, and the restriction on inferences applies (para 16.5, Annex C).
Recording: Codes E and F
- What must be audio recorded. If an authorised recording device in working order and a suitable room are available, the whole of any interview with a person cautioned for any summary offence or any indictable offence (which includes either-way) in which they are questioned about their involvement before being charged or told they may be prosecuted, and in the exceptional post-charge interview, plus the process of telling a charged person about another person's statement or interview under Code C para 16.4 (Code E para 2.1 and 2.2).
- When a written record is allowed. Only if no authorised device in working order is available, or a suitable location is not available, and the relevant officer considers on reasonable grounds that the interview should not be delayed and decides that a written record is to be made; or where the suspect or the appropriate adult objects to audio recording and the relevant officer, having regard to the nature and circumstances of the objections, decides a written record is to be made; or where a detainee refuses to go into or remain in a suitable room and the custody officer directs the interview in a cell where a recorder cannot safely be used (Code E para 2.3).
- Who the relevant officer is. For an urgent interview before arrival at a station under Code C para 11.1, the interviewer. For a person detained at a station, the custody officer at the station where detention was last authorised. For a voluntary interview at a station on an indictable offence, a sergeant or above in consultation with the investigating officer; on a summary offence at a station, the interviewer; elsewhere than a station the position depends on the type of indictable offence and Part 1 of the Code E Annex, with a sergeant or above for an indictable offence that is not one of the four types (Code E para 2.4).
- Duties when a written record is made. The relevant officer records the reasons and the date and time of the decision and ensures the suspect is told a written record will be made. The interviewer ensures the written record notes when and by whom the decision was made and that the suspect was told (Code E para 2.5).
- Other Code E rules. The interviewer points out the recording indicator, a master recording is sealed in the suspect's presence for removable media, anyone entering is identified, the person is reminded after a break of the right to advice and that they remain under caution, and a hearing impediment requires a simultaneous written note (Code E section 3, for example paras 3.1, 3.4, 3.5, 3.8 and 3.16).
- Code F. There is no statutory requirement to make a visual recording with sound. If the relevant officer decides to make one, Code F governs (Code F para 2.2).
Code E para 2.1(a) covers interviews with a person cautioned for any summary offence or any indictable offence. If an option says only indictable or either-way interviews must be audio recorded, check it against para 2.1.
Juveniles, vulnerable adults and the appropriate adult
The appropriate adult rules produce some of the most predictable exam questions: who qualifies, when an interview can proceed without one, and who authorises it.
| Topic | Rule | Notes |
|---|---|---|
| Juvenile | Anyone who appears to be under 18, absent clear evidence they are older, is treated as a juvenile for all Codes (para 1.5; s.37(15) defines arrested juvenile by apparent age) | Appropriate adult: parent or guardian, care representative, local authority social worker, or another responsible adult 18 or over who is not police or police-linked (para 1.7(a)) |
| Vulnerable adult | Anyone of any age who, because of a mental health condition or mental disorder, may have difficulty understanding or communicating about their detention and rights, does not appear to understand the significance of what is said or is prone to being confused, unreliable or suggestible (para 1.13(d)). Any reason to suspect it is enough: treat as vulnerable unless clear evidence dispels the suspicion (para 1.4) | Appropriate adult: relative, guardian or carer; someone experienced with vulnerable people who is not police or police-linked; failing those another responsible adult 18 or over (para 1.7(b)) |
| Interview without an appropriate adult | At a police station, only under para 11.18 on a superintendent's authority, and only to avert the para 11.1(a) to (c) consequences. Stops once enough is known (11.19). Grounds recorded (11.20). Para 11.15 also excepts an urgent interview under para 11.1 before reaching a station | Applies equally to a detained vulnerable adult and to some people who appear unable to appreciate questions through drink, drugs or illness, and to some interpreter cases |
| Appropriate adult obstructs | Interviewer stops, consults a superintendent if readily available, otherwise an inspector not connected with the investigation, who reminds the adult of their role and decides. If excluded, another adult is needed before the interview continues unless 11.18 applies (para 11.17A) | Answering for the suspect is Code C's own example of unacceptable conduct (Note 11F) |
| Caution and special warning | A caution given without the appropriate adult must be repeated in their presence (10.12). The special warning information must not be given unless the appropriate adult is present (10.11A) | Also: the appropriate adult should consider whether legal advice is needed, and action to get a solicitor is not delayed waiting for them (6.5A) |
| Detention after charge (juvenile) | Custody officer must move an arrested juvenile to local authority accommodation unless certifying impracticability or, for a juvenile aged 12 or over, that no secure accommodation is available and other accommodation would not protect the public from serious harm (s.38(6); Code C 16.7) | A certificate is produced to the court |
- The appropriate adult's role is to support, advise and assist, observe whether the police are acting properly and fairly and tell an inspector or above if not, help the person communicate while respecting their right to say nothing, and help them understand and protect their rights (Code C para 1.7A).
- A juvenile may be interviewed at their place of education only in exceptional circumstances and only when the principal or nominee agrees; if waiting for the appropriate adult would cause unreasonable delay the principal or nominee can act as the appropriate adult unless the juvenile is suspected of an offence against the establishment (Code C para 11.16).
- If a person has to be given information and is incapable of understanding, violent or likely to become violent, or in urgent need of medical attention, they need not be given it at that time but must as soon as practicable (para 1.8).
- A juvenile or vulnerable person must not be interviewed or asked to provide or sign a written statement under caution without the appropriate adult unless para 11.1 or 11.18 to 11.20 applies (para 11.15).
Charging: s.37, s.37A, s.37B and Code C section 16
- When the investigator thinks there is enough. When the officer in charge reasonably believes there is sufficient evidence to provide a realistic prospect of conviction, they inform the custody officer without delay, and the custody officer is responsible for considering whether to charge (Code C para 16.1). Where the DPP's guidance under s.37A is in force the custody officer must comply with it when deciding how to deal with the detainee (para 16.1A).
- The custody officer's four options. Once the custody officer determines there is sufficient evidence to charge, the person is (a) released without charge on bail, or kept in detention, to enable the DPP to decide under s.37B, (b) released without charge and on bail but not for that purpose, (c) released without charge and without bail where the pre-conditions for bail are not satisfied, or (d) charged (s.37(7)). The decision is the custody officer's (s.37(7A)). If released for the DPP's decision, he must be told that is why (s.37(7B)).
- The DPP's role. Under s.37B the officer in the investigation sends the DPP the information specified in the guidance, and the DPP decides whether there is sufficient evidence to charge and, if so, whether the person should be charged (and with what) or cautioned. Notice goes to an officer involved in the investigation. If the decision is not to prosecute, a custody officer gives the person written notice that he is not to be prosecuted. If a caution is the decision and it proves not possible to give one, he is charged instead (s.37B(2) to (7)).
- Immediate referral. Where, in compliance with the guidance, the case is referred to the CPS for a charging decision, consultation takes place with a Crown Prosecutor as soon as reasonably practicable. If the Crown Prosecutor cannot decide on the available information, the detainee may be released without charge on bail (with conditions if necessary) under s.37(7)(a) and told that it is to enable the DPP's decision (Code C para 16.1B).
- Which cases the police may charge. The CPS Director's Guidance on Charging, sixth edition (December 2020), Annex 1, lets police charge summary-only offences, retail theft suitable for magistrates' court sentence, and either-way offences anticipated as a guilty plea and suitable for magistrates' court sentence, but not where an exclusion applies, such as a death, hate crime or domestic abuse, harassment or stalking, violent disorder, affray, GBH, wounding or ABH. All other cases go to a prosecutor. We opened that edition only; see Not verified before you rely on it for an exam.
- On charge. The detainee is cautioned (para 16.2), given a written notice of the charge with the precise offence in law and the officer's name and case reference (para 16.3), and anything said is recorded (para 16.8). Provisions in paras 16.2 to 16.5 are repeated in the appropriate adult's presence if they were not present (para 16.6). A person is charged for these purposes when in police detention at a station, or in accordance with s.29 of the Criminal Justice Act 2003 (s.37B(8)).
- Written notice of no prosecution. Where a person is released at the 24, 36 or warrant stage, or under s.37 or s.34, and the custody officer determines there is not sufficient evidence, or there is but he should not be charged or cautioned, the custody officer must give the person written notice that he is not to be prosecuted, and this does not prevent prosecution if new evidence emerges (for example s.41(10) to (12), s.37(6A) to (6C)).
Release and bail: before charge and after charge
Chapter 2.2 of the Manuals sits next to the detention chapter, and in the March 2026 breakdown it accounts for as many scored rows as interviews. The key idea is to separate three situations: release before charge, release after charge and the pre-charge bail clock.
| Point | Rule |
|---|---|
| After charge, the default | Custody officer must release on bail or without bail unless a s.38(1) ground applies |
| Adult grounds to keep in custody | Name or address cannot be ascertained or doubted; reasonable grounds to believe he will fail to appear; imprisonable offence and detention necessary to prevent further offending; non-imprisonable offence and detention necessary to prevent physical injury or damage to property; necessary to prevent interference with the administration of justice or investigation; necessary for his own protection; a drug-sample ground in defined cases (s.38(1)(a)(iiia), which the Crime and Policing Act 2026 would omit once s.186 is commenced); or the offence is murder (s.38(1)(c)) |
| Juveniles | Any adult ground, or reasonable grounds to believe he ought to be detained in his own interests (s.38(1)(b)) |
| Written record | Grounds recorded as soon as practicable, in the detainee's presence unless violent, incapable of understanding or needing urgent medical attention (s.38(3) to (5)) |
| Court appearance | A person kept in custody after charge is brought before the magistrates' court as soon as practicable and in any event not later than the first sitting after charge (s.46(2)). On bail, the appearance date is not later than the first sitting unless the court cannot accommodate it (s.47(3A)) |
| Pre-charge bail pre-conditions | Custody officer satisfied bail is necessary and proportionate in all the circumstances, having regard to any conditions, and has considered any representations (s.50A(1)) |
| Pre-charge bail periods | Standard case: 3 months from bail start date (s.47ZB). Inspector to 6 (s.47ZD). Superintendent or above to 9 (s.47ZDA). Commander or ACC to 12 in a DPP-designated exceptionally complex case (s.47ZE). Court under s.47ZF. Conditions A to D (s.47ZC): reasonable grounds to suspect guilt, further time or investigation needed, diligence, and bail necessary and proportionate |
| FCA, HMRC, NCA and SFO cases | Initial bail period is 6 months (s.47ZB(1)(a)). The standard-case steps above do not apply to them in the same way |
- Bail granted under Part IV is bail under the Bail Act 1976 as it applies to bail granted by a constable, with the normal powers to impose conditions available to the custody officer (s.47(1) and (1A)), except for bail under the s.37C and 37CA provisions.
- A person released on bail for the DPP's decision who returns to answer bail may be kept in detention to be dealt with under s.37B. Time spent in detention before the bail counts towards the pre-charge limits and time on bail does not (s.47(6)), and s.37(1) to (3) and (7) no longer apply to that offence (s.37D(4) to (6)).
- Where the pre-conditions for bail are met the person is released on bail at the 24, 36 or warrant expiry points; if not, without bail (ss.41(7), 42(10), 43(18)).
- Condition A to D under s.47ZC are the same four for each police step: reasonable grounds to suspect guilt; further investigation (or time for the charging decision) needed; diligence; and bail necessary and proportionate. Each of ss.47ZD and 47ZDA requires the officer to arrange for the person or their legal representative to be told a determination is to be made, to consider representations and to inform them of the outcome.
The pre-charge bail rules changed on 28 October 2022 (the Police, Crime, Sentencing and Courts Act 2022 amendments, per the revision notes on legislation.gov.uk and the bank explanations). Resources written before then, including the pattern in which any extension beyond 3 months had to go to a court, describe the earlier 2017 regime. Always revise from the Manuals edition for your sitting and check the section numbers above on legislation.gov.uk.
The traps: what exam questions on this topic try to catch
These patterns repeat. Each row gives the rule and the form the trap usually takes in a question stem. They are patterns from our own practice material and from the law, not predictions about your paper.
| Trap | The rule | How it shows up |
|---|---|---|
| Clock starts at arrest | The relevant time is usually arrival at the first police station (s.41(2)). The clock never starts from the custody officer's authorisation | Questions give three times and ask you to pick one |
| Inspector or superintendent | Notification delay s.56: inspector. Legal advice delay s.58: superintendent. Extension to 36 hours: superintendent. Review before charge: inspector. Change of mind about a solicitor: inspector. Urgent interview without AA: superintendent. Written record under Code E: custody officer (station) | The most common rank trap. Learn them as a list |
| 24 versus 36 versus 96 | Superintendent cannot authorise beyond 36 hours. Warrants of 36 hours at a time. 96 hours is a ceiling, not a single period | Option mix of 24, 36, 72 and 96 |
| Summary-only offence | No extension under s.42 or warrant under s.43 for a summary-only offence: the suspect must be charged or released by the 24 hour point. Either-way offences count as indictable for these sections | A summary assault with a 'diligent investigation' story |
| Review times run from the actual first review | Second review no later than 9 hours after the first review when it was actually held, not after the latest time the first could have been held | Early first review changes the second deadline |
| Sleeping detainee | Reviews: no need to wake. Extension to 36 hours: representations must be offered, so bring it forward if likely to be asleep | Option that applies the review rule to an extension |
| Review officer after charge | After charge the custody officer reviews (s.40(1)(a)). Before charge, an inspector not involved | Options naming 'the custody officer' for a pre-charge review |
| Delay needs an indictable offence | Both s.56 and s.58 delay need an indictable offence and a person not yet charged. Delaying advice because the solicitor might advise silence is not allowed (Annex B para 4) | A burglary-and-solicitor story and a summary offence story |
| Silence inferences | If advice was delayed and the suspect is interviewed, no adverse inference may be drawn (Annex C). If he changed his mind (6.6(d)) or declined the duty solicitor (6.6(c)), the restriction does not apply | 'What is the effect on the court's ability to draw inferences?' |
| Caution trigger | Caution before questions about an offence once there are grounds to suspect, not only at arrest. Questions solely to establish identity or vehicle ownership do not need one (para 10.1) | Pre-arrest stop and first questions |
| Interview after arrest in the street | Not allowed at all except on the para 11.1 risk grounds, and must stop when the risk is averted. Delay in getting a custody space is not a ground | Body-worn video makes it feel acceptable |
| Appropriate adult candidates | Not a police officer or police employee, not a contractor assisting the force, 18 or over, and not a solicitor present as such. A PCSO or an under-18 cousin does not qualify | 'Which of these may act?' |
| Who decides fitness to be interviewed | The custody officer, in consultation with the officer in the case and healthcare professionals as necessary, looking at functional ability, not the diagnosis alone (Code C para 12.3, Annex G) | Options handing it to the doctor or the investigator |
| Rest period | 8 continuous hours in any 24, free from questioning, travel or interruption. If interrupted on the grounds in para 12.2(a) (risk of harm or serious loss, unnecessary delay to release, or prejudice to the investigation), a fresh period is needed. Interruptions at the request of the detainee, appropriate adult or solicitor, or for reviews or medical needs, do not require a fresh period | Remaining hours versus a fresh period |
| Pre-charge bail rank steps | Inspector to 6 months, superintendent to 9 months, court after that. Beyond this, the older 2017 pattern in some resources is out of date | Option naming only a magistrates' court or an inspector |
| Interviewing after charge | Not allowed unless necessary to prevent or minimise harm or loss, to clear up an ambiguity in a previous answer, or in the interests of justice to put new information. Caution and legal advice reminder first (Code C 16.5) | 'May he now be questioned about the offence?' |
| Code E scope | Audio recording applies to interviews with a person cautioned for any summary offence or any indictable offence (which includes either-way), not only indictable ones (Code E para 2.1(a)) | Options saying only indictable offences must be recorded |
A rank memory aid
- Sergeant: custody officer (s.36(3)); written record of a voluntary interview decision on an indictable offence (Code E para 2.4(c)).
- Inspector: pre-charge review (s.40(1)(b)); delay notification (s.56); agree an interview where the chosen solicitor will not attend and the duty solicitor is declined (Code C 6.6(c)); the change-of-mind authority (6.6(d)); extend pre-charge bail to 6 months (s.47ZD); also the officer an appropriate adult tells if they think police are acting improperly (Code C 1.7A).
- Superintendent: extend detention to 36 hours (s.42); delay legal advice (s.58); delay an interview for advice under 6.6(b); urgent interview without appropriate adult (Code C 11.18); extend pre-charge bail to 9 months (s.47ZDA); the officer consulted first on excluding an appropriate adult (11.17A).
- Commander or assistant chief constable: extend pre-charge bail to 12 months in a designated case (s.47ZE).
- Magistrates' court: warrant of further detention and extension (ss.43 and 44); pre-charge bail extension after the police steps (s.47ZF).
Six worked questions from our bank
These six are original practice questions from our verified bank, written for revision. They are not real or past exam questions. Each was independently checked against the legislation or Code named in its source line, and we re-checked these six against legislation.gov.uk and GOV.UK on 4 October 2026 when preparing this page. Answer cold, then read the explanation.
A man is wanted by Force A for a burglary. At 09:00 he is arrested in Force B's area and driven directly to Force A without being questioned in Force B's area. He arrives at the first police station in Force A's area at 13:30, and the custody officer authorises his detention at 13:55. What is the relevant time for the detention clock?
Where arrest is sought in one police area, the person is arrested in another and is not questioned in the area of arrest, s.41(2)(a) and (3) make the relevant time the earlier of arrival at the first police station in the area where arrest was sought, or 24 hours after arrest. Arrival at 13:30 is earlier than 09:00 the next day. The clock never runs from the custody officer's authorisation, which is the most common error.
Source: PACE 1984 s.41(2)(a) and (3)
The relevant time for a robbery suspect is 08:00. Detention was authorised at 08:20 and the first review was held at 14:00; the second review has not yet taken place. At 21:00 the investigation team ask the station superintendent to authorise detention up to 36 hours. Can the superintendent give the authorisation at 21:00?
Section 42(4) says no authorisation may be given more than 24 hours after the relevant time or before the second review of detention under s.40 has been carried out. Code C para 15.2 repeats that the superintendent's authority may be given any time after the second review. The first option is wrong because it ignores the second-review condition, and nothing in s.42 requires the solicitor's agreement (only the chance to make representations).
Source: PACE 1984 s.42(1) and (4); Code C para 15.2
A suspect detained for a burglary asks for his partner to be told he has been arrested. The investigating officer has reasonable grounds to believe the partner would warn an accomplice who has not yet been arrested. What does s.56 PACE allow?
Under s.56(2), (3), (5) and (6), delay in having someone informed is allowed only for an indictable offence, on the authority of an inspector or above, on grounds including the alerting of other suspects not yet arrested, and never beyond 36 hours from the relevant time; the reason must be given to the detainee and recorded. The superintendent option confuses this with delaying legal advice under s.58, which needs a superintendent and is also limited to 36 hours.
Source: PACE 1984 s.56(2), (3), (5) and (6); s.58(5) and (6)
An adult detainee asked for a solicitor, who is not expected for three hours. The detainee now says he has changed his mind and wants to be interviewed straight away without legal advice. Under Code C, what must happen before the interview can start?
Code C para 6.6(d) allows the interview to proceed on a change of mind only if an inspector or above speaks to the detainee about the reasons, makes reasonable efforts to find out when the solicitor will arrive and informs the solicitor of the detainee's intention; the reason and outcome are recorded in the custody record; the detainee confirms in writing, by signing the custody record, that they want the interview to proceed without advice; and the inspector authorises it in writing. At the start of the interview the interviewer must record the change of mind, the reasons and the authority on the interview record. A superintendent's authority under para 6.6(a) or (b) is for delaying advice or the interview on specified grounds, not for a voluntary change of mind.
Source: PACE Code C (2023) para 6.6(d)
A 15-year-old is arrested for possessing a firearm. Officers have reasonable grounds to believe a second loaded gun is hidden near a children's play area, and the appropriate adult is two hours away. Can the juvenile be interviewed before the appropriate adult arrives?
Code C para 11.18(a) permits an urgent interview of a detained juvenile without the appropriate adult only on the authority of a superintendent or above who considers delay will lead to the consequences in para 11.1(a) to (c), such as physical harm to other people, and is satisfied it will not significantly harm the person. Para 11.19 stops the interview once enough information has been obtained to avert those consequences, and para 11.20 requires the grounds to be recorded. Neither an inspector nor the custody officer can authorise it.
Source: PACE Code C (2023) paras 11.1, 11.15, 11.18 to 11.20
A suspect in a standard police investigation (not an FCA, HMRC, NCA or SFO case) was released on pre-charge bail, and an inspector later extended the bail period to 6 months from the bail start date. Five months in, more time is needed. Who may now extend the bail period to 9 months?
Since the Police, Crime, Sentencing and Courts Act 2022 amendments (in force 28 October 2022), the initial applicable bail period in a standard case is 3 months (s.47ZB), an inspector may extend it to 6 months (s.47ZD), and a superintendent or above may extend it to 9 months (s.47ZDA), each subject to conditions A to D in s.47ZC. Beyond that, extension is by a magistrates' court under s.47ZF (or, where the DPP designates a case as exceptionally complex, an assistant chief constable or commander may extend to 12 months under s.47ZE). The magistrates' court option reflects the old 2017 regime, under which any extension beyond 3 months had to go to court.
Source: PACE 1984 ss.47ZB, 47ZC, 47ZD, 47ZDA, 47ZE and 47ZF
Our toolkit (we make it, so weigh that) has the full verified bank, timed sittings and spaced review at the exam prep toolkit, and the free mini mock is a short mixed set that costs nothing. Blackstone's Q&A service also covers these chapters, and the Manuals are the syllabus.
Map to the Blackstone's chapters
The exam tests only the law as it appears in the Manuals edition for the sitting. The chapter numbers below are from the Blackstone's 2026 edition, as listed in Appendix A of the College's 2026 candidate handbook (September 2025). We also read the 2027 handbook's Appendix A (September 2026): chapters 2.4, 2.6 and 2.8 and their sub-chapter numbers and titles are unchanged, and chapter 2.2 is retitled 'Bail' with the same 2.2.1 to 2.2.12 list. Check the contents page of the edition for your sitting before you map your notes. See which Blackstone's edition for the edition question.
| Chapter | Title | Covers | Use it for |
|---|---|---|---|
| 2.2 | Release of Person Arrested (2.2.1 to 2.2.12) | Pre-charge release and bail, bail after charge, restrictions and grounds for refusing, custody officer granting bail, sureties, absconding, remands in police custody | Bail and the s.47ZB to 47ZF ladder |
| 2.6 | Detention and Treatment of Persons by Police Officers: PACE Code C (2.6.1 to 2.6.30) | Custody officer (2.6.2), police detention (2.6.5), Code C sections 1 to 9 and 13 to 16 (2.6.6 to 2.6.19), section 17 (2.6.21), limits on period of detention without charge (2.6.17), cautions as a means of disposal (2.6.20), Annexes A, B, E, G, H and others (2.6.22 onwards) | Detention clock, reviews, extensions, rights and delays, vulnerable persons, charging |
| 2.8 | Interviews: PACE Codes C, E and F (2.8.1 to 2.8.14) | Code C sections 10 to 12 (2.8.2 to 2.8.4), Annexes C and D (2.8.5 and 2.8.6), Code E (2.8.7 to 2.8.11), Code F (2.8.12 and 2.8.13) | Caution, interview rules, recording |
| 2.4 | Exclusion of Admissible Evidence | Confessions; exclusion of evidence generally (the subjects ss.76 and 78 PACE deal with) | Where a Code breach leads to |
In the March 2026 sergeants' subject breakdown (140 scored rows) we counted 4 rows on Detention and treatment: PACE Code C, 5 on Interviews: PACE Codes C, E and F and 5 on Release of person arrested, 14 in all. That count is for that one sitting only and the College warns the breakdown is valid only for March 2026, so it tells you the topic is regularly examined and nothing about your paper. The subjects listed against those rows include rights not to be held incommunicado, the right to legal advice, reviews, charging detained persons, cautions, interviews generally, the Annex C restriction on adverse inferences, Code E and the bail and remand material.
Scenarios
Illustrative scenarios built on the rules above, not real cases. Try each before you read the answer.
Revision checklist
- Write the rank list from memory: s.56 inspector, s.58 superintendent, s.42 superintendent, pre-charge review inspector, Code C 6.6(d) inspector, Code C 11.18 superintendent, bail 47ZD inspector, 47ZDA superintendent, 47ZE commander or ACC.
- Write the time list from memory: 24, 36, 96; 6, 9 and 9 for reviews; 36 hours cap on delays; 8 hours' rest; 3, 6, 9 and 12 months for pre-charge bail.
- Work through relevant-time examples until the first police station rule, the arrest-sought-elsewhere rule and the voluntary-attender rule are automatic.
- Say the three cautions out loud (arrest and before charge, on charge, restricted) and when each is used.
- Know exactly when adverse inferences are lost: delayed legal advice and the other Annex C cases.
- Know who can and cannot be an appropriate adult, and the 11.17A exclusion procedure.
- Know the s.38 grounds for refusing bail after charge and the difference for juveniles.
- Check each point above against the Manuals chapter for your sitting; this page is a revision aid, not the syllabus.
Once this topic is solid, move on to PACE searches and arrest and disclosure and CPIA, and see where it fits in your plan on the sergeant exam revision plan. Exclusion of evidence sits in chapter 2.4 of the Manuals (2026 numbering), not in the three chapters above.
What we could not verify
- The 2027 edition numbering. The chapter numbers on this page come from the 2026 handbook's Appendix A (September 2025) for the Blackstone's 2026 edition. We read the 2027 handbook's Appendix A (September 2026) on 5 October 2026 and chapters 2.4, 2.6 and 2.8 carry the same numbers, with 2.2 retitled 'Bail', but we did not compare the 2027 Manuals' text with the 2026 Manuals, so check the 2027 contents page if you sit in 2027.
- Whether Code C or Code E has changed since the versions we read. We read Code C 2023 and Codes E and F 2018 on GOV.UK on 4 October 2026 and found nothing later in the list of Codes. The exam tests the law as it appears in the Manuals edition for the sitting, which may be older or newer than the Code you read.
- Crime and Policing Act 2026 amendments to PACE. On 4 October 2026 legislation.gov.uk showed the Crime and Policing Act 2026 as having changed s.63B ('Class A' drug becomes 'controlled' drug, in force from 29 April 2026 for specified purposes) and, as not yet in force, as inserting s.63B(1)(d) and (4C) (s.185) and omitting s.38(1)(a)(iiia), parts of s.38(1)(b)(i), (2) and (6A), and s.37(8A) and (8B) (s.186). Nothing else on this page is affected, but we did not trace commencement or what the Manuals for your sitting say, so we have not described the drug-sample ground in detail.
- Live link and telephone review detail. Code C allows reviews by telephone (s.40A) or live link (s.45A) and a superintendent's live link authorisation subject to conditions. We mention them but did not verify every condition, so rely on the Manual for those details.
- Director's Guidance on Charging edition and local arrangements. The CPS page we opened is the sixth edition (December 2020). We did not verify whether a later edition, a new national charging model or a force-specific agreement now changes which cases the police may charge. Our charging section is deliberately short for that reason.
- Terrorism detention. Terrorism Act 2000 detention and Code H have separate limits and are not covered. The Manuals include a summary of Code H (Appendix 2.1).
- Case law. We cite no cases on this page. Cases on breaches of Code C (for example on s.58 and s.78) are in the Manuals and the verified bank, and we only use authorities we have been able to confirm from a primary source.
- How much of your paper this topic will be. The March 2026 breakdown had 14 of 140 scored rows on these three subjects. The College says that breakdown is valid only for that sitting, so treat it as a one-sitting count, not a forecast.
Frequently Asked Questions
How long can police detain someone without charge?
The default limit is 24 hours from the relevant time (s.41 PACE). A superintendent can authorise up to 36 hours for an indictable offence (which includes either-way offences) under s.42. After that only a magistrates' court can authorise more, by a warrant of further detention under s.43, and the total can never run beyond 96 hours from the relevant time (s.44). Terrorism detention has its own separate regime, which this page does not cover.
What is the relevant time and why does it matter?
It is the start of the detention clock, set by s.41(2). In the ordinary case it is the time the person arrives at the first police station after arrest, not the time of arrest and not the time the custody officer authorises detention. The exam likes the exceptions: arrest sought in another force area (earlier of arrival at the first station in the area where arrest was sought, or 24 hours after arrest), voluntary attenders who are arrested at the station (time of arrest) and people answering street bail (time of arrival).
Who carries out reviews of detention?
Before charge, a review officer of at least inspector rank who has not been directly involved in the investigation (s.40(1)(b)). After charge, the custody officer (s.40(1)(a)). The first review is due no later than six hours after detention was first authorised, the second no later than nine hours after the first, and later ones at intervals of not more than nine hours. A sleeping detainee need not be woken for a review, but there is no such exception for an extension to 36 hours.
Who can delay a solicitor, and who can delay telling someone about the arrest?
A superintendent or above can authorise delay of access to legal advice (s.58(6)); an inspector or above can authorise delay of notification to a friend or relative (s.56(2)). Both need an indictable offence, a person not yet charged and specified grounds, and neither can run beyond 36 hours from the relevant time. If legal advice is delayed and the person is interviewed, adverse inferences from silence cannot be drawn.
What if a detainee asks for a solicitor and then changes their mind?
Code C para 6.6(d) allows the interview to go ahead only if an inspector or above speaks to the detainee about the reasons, makes reasonable efforts to tell the solicitor, and authorises it in writing, and the detainee confirms in writing in the custody record that they do not want to wait. A custody officer cannot do this alone. The interview record must then note the change of mind and the authority.
What is the current caution?
Under Code C para 10.5 the caution on arrest and before charge is: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence." Minor deviations are not a breach if the sense is preserved (para 10.7). When the restriction on adverse inferences applies, the shorter Annex C caution is used instead.
When can a suspect be interviewed away from the police station?
Once a decision to arrest has been made, Code C para 11.1 says the suspect must not be interviewed about the offence except at a police station or other authorised place of detention, unless delay would be likely to lead to interference with or harm to evidence, harm to people, serious loss of or damage to property, alerting other suspects, or hindering recovery of property. Questioning must stop once the risk is averted. A busy custody suite is not a ground.
Who can authorise an urgent interview of a juvenile without an appropriate adult?
An officer of superintendent rank or above, and only where that officer considers that delay would lead to the consequences in para 11.1(a) to (c) and is satisfied the interview would not significantly harm the person's physical or mental state (Code C para 11.18). Questioning must stop once enough information has been obtained to avert the risk (para 11.19) and the grounds must be recorded (para 11.20). The same authority is needed for some interviews of vulnerable adults and people who need an interpreter.
Who can be an appropriate adult?
For a juvenile, a parent or guardian (or a representative of the local authority or voluntary organisation caring for them), a local authority social worker, or failing those another responsible adult aged 18 or over who is not a police officer, police employee or contractor assisting the force (Code C para 1.7). For a vulnerable adult the list starts with a relative, guardian or carer, then someone experienced in dealing with vulnerable people, then another responsible adult. A solicitor present in that capacity cannot act (Note 1F).
Does the custody officer or the investigator decide whether to charge?
Under s.37(7A) the decision on how a person is dealt with once there is sufficient evidence to charge is the custody officer's, and under s.37A the custody officer must have regard to the Director of Public Prosecutions' charging guidance. In cases the guidance sends to the CPS, the decision whether to charge and with what is the DPP's under s.37B, and the person may be released on bail or kept in detention while that decision is made. The officer in the case tells the custody officer when there is a realistic prospect of conviction (Code C para 16.1).
Who can extend pre-charge bail?
In a standard case the initial bail period is 3 months from the bail start date (s.47ZB). An inspector can extend to 6 months (s.47ZD), a superintendent or above to 9 months (s.47ZDA), and beyond that a magistrates' court can extend under s.47ZF. A commander or assistant chief constable can extend to 12 months only where the DPP has designated the case as exceptionally complex (s.47ZE). Each police extension needs conditions A to D to be met and the suspect or their representative to be informed and heard.
Should I memorise Code C paragraph numbers for the exam?
Memorise the rule and the rank first. The exam tests the law as it appears in the Manuals edition for your sitting, and the questions we have seen in practice material ask who, how long and what next, not paragraph numbers. Paragraph numbers on this page are there so you can find the rule in the Code and the Manual chapter quickly.
Where can I practise questions on this topic?
The six worked questions on this page come from our own verified bank and are original practice questions, not real exam questions. For a short timed mixed set, our free mini mock at /officers/promotion/free-sergeant-exam-mock/ is a start. Blackstone's own Q&A service also covers these chapters, and the Manuals are the syllabus.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 4 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- Police and Criminal Evidence Act 1984, sections 34, 36 and 39 (limitations on detention, custody officers, responsibilities), legislation.gov.uk — opened 4 October 2026 (revised text; ss.34 and 39 read from the same site): s.34(2) and (3) release authority; appointed custody officer must be at least a sergeant (s.36(3)); an officer of any rank may act if none is readily available (s.36(4)); no involvement in the investigation (s.36(5)) with exceptions in s.36(6) (accessed 4 October 2026)
- Police and Criminal Evidence Act 1984, sections 37, 37A and 37B (duties before charge, DPP guidance, consultation with the DPP) — opened 4 October 2026: s.37(1) to (3) release on bail or without bail versus authorised detention, s.37(4) to (6) written record, s.37(7) and (7A) options once there is sufficient evidence and that the custody officer decides, s.37(15) arrested juvenile defined by apparent age; ss.37A and 37B read on the same date from the same site (accessed 4 October 2026)
- Police and Criminal Evidence Act 1984, section 38 (duties of custody officer after charge) — opened 4 October 2026: grounds for refusing release after charge, separate grounds for juveniles, s.38(6) local authority accommodation. The revised text in force on 4 October 2026 is unchanged by the Crime and Policing Act 2026: s.186(3) of that Act, shown as prospective and not in force, would omit s.38(1)(a)(iiia) (the drug-sample ground) and related words (see Not verified) (accessed 4 October 2026)
- Police and Criminal Evidence Act 1984, sections 40, 41, 42, 43 and 44 (reviews, limits on detention, authorisation of continued detention, warrants of further detention and extensions) — opened 4 October 2026: s.40(1), (3), (4), (12) review officer and timing; s.41(1), (2), (3), (5), (6), (7), (9) 24 hour limit, relevant time, release; s.42(1), (4), (6), (9) superintendent authorisation to 36 hours; s.43(4), (5), (7), (12) warrants; s.44(3) extensions not beyond 96 hours (accessed 4 October 2026)
- Police and Criminal Evidence Act 1984, sections 56 and 58 (notification of arrest, access to legal advice) — opened 4 October 2026: delay only for indictable offences, inspector for s.56(2) and superintendent for s.58(6), grounds, 36 hours from the relevant time (accessed 4 October 2026)
- Police and Criminal Evidence Act 1984, sections 46 and 47 (detention after charge, bail after arrest) and 47ZB to 47ZF, 50A (pre-charge bail periods and pre-conditions) — opened 4 October 2026: s.46(2) first sitting after charge; s.47(3A) appearance date; s.47ZB 3 months; s.47ZC conditions A to D; s.47ZD inspector to 6 months; s.47ZDA superintendent to 9 months; s.47ZE designated cases to 12 months; s.47ZF court; s.50A pre-conditions for bail (accessed 4 October 2026)
- PACE Code C 2023 (accessible version), GOV.UK — opened 4 October 2026 (gov.uk lists it as published 20 December 2023; we did not find a later Code C). Paragraphs 1.4, 1.5, 1.7, 1.9A, 1.13(d), 3.21 to 3.22A, 6.5 to 6.6, 10.1 to 10.12, 11.1 to 11.20, 12.2, 12.3, 15.1 to 15.4, 16.1 to 16.5 and Annexes B, C, E, G as cited on this page (accessed 4 October 2026)
- PACE Codes E and F 2018, GOV.UK (accessible versions) — opened 4 October 2026: Code E paras 2.1 to 2.5 (what must be audio recorded, when a written record is allowed, who the relevant officer is) and Code F para 2.2 (no statutory requirement to record visually) (accessed 4 October 2026)
- CPS: Director's Guidance on Charging, sixth edition, December 2020 — opened 4 October 2026: Annex 1 division of charging responsibility (which cases police may charge and which go to the CPS). This is the edition the CPS page showed us (it says it replaces all earlier editions); we found no later edition on the CPS site or by search, but whether a later edition, a new national charging model or local arrangements now apply is not verified (accessed 4 October 2026)
- College of Policing: NPPF step two legal examinations candidate handbook 2026 (PDF, September 2025), Appendix A — Blackstone's Police Manuals 2026 chapter list used for the chapter map: 2.2, 2.6 and 2.8. The 2027 handbook (September 2026, assets.college.police.uk, 2026-09/nppf-step-two-legal-examinations-candidate-handbook-2027.pdf) Appendix A was read on 5 October 2026: the same numbering for 2.4, 2.6 and 2.8, and chapter 2.2 retitled Bail (accessed 4 October 2026)
- College of Policing: NPPF sergeants' step-two legal examination, subject area breakdown, March 2026 (PDF) — we counted 140 scored rows; 14 are on this page's subjects (Detention and treatment: PACE Code C 4, Interviews: PACE Codes C, E and F 5, Release of person arrested 5). A count for that one sitting only; the College warns the breakdown is valid only for March 2026 (accessed 4 October 2026)
On this topic elsewhere
More in this guide series
Practice and tools
Disclaimer
PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, syllabus editions and prices change, so check the College of Policing's current candidate handbook and exam pages before you register or buy. Practice material on this site is original and is not real exam content. Details apply to England and Wales unless stated. Details are as checked on 4 October 2026.