|Posted: 27 October 2008 at 05:30 | IP Logged
In the same order:
1. The 24 hours commences on the person's arrival at the police station. It is the relavent time that is triggered by the booking in procedure, and this determines the review times but not the total detention period. As to whether sitting in the van outside amounts to arrival is probably a matter for a court to decide.
2. I've had this argument a few times: if the client answers his bail at 1pm but waits an hour to be taken through, I've argued that were he to up and leave, he'd be prevented from doing so, in which case he is in detention. However, custody officers have the power to wheel the client in and stick him in the cell to await action. Which is better for the client?
3. If the PACE clock has expired, the client should be released immediately. He can't be bailed to return as ther's no time left, and the period can't be extended retrospectively. However, whether the time has expired in this case is arguable.
4. They can always summons him.
It seems to me that you will argue one side, the police will argue another and the court will decide. I suspect the court would favour the prosecution, unless there is anything underhand apparent.
Fortiter in re, suaviter in modo