§ Mrs. Renée Shortasked the Secretary of State for the Home Department (1) what is the maximum possible period of detention by the police of a suspect before a charge is made;
(2) what guidelines he issues to police regarding the length of time a suspect can be held in police detention without being charged.
§ Mr. MayhewThe preamble to the Judges' Rules states the principle that, when a police officer who is making inquiries of any person about an offence has enough evidence to prefer a charge against that person for the offence, he should without delay cause that person to be charged or informed that he may be prosecuted for the offence; and section 38(4) of the Magistrates' Courts Act 1952 provides that where a person is taken into custody, for an offence without a warrant and is retained in custody, he shall be brought before a magistrates' court as soon as practicable. The phrase "as soon as practicable" in section 38(4) is not further defined and its interpretation is a matter for the courts in the circumstances of the particular case. There are separate provisions relating to the prevention of terrorism and others dealing specifically with the detention of children and young persons. Appendix 12 to the Home Office consolidated circular to the police on crime and kindred matters contains the text of the Judges' Rules and administrative directions to the police. In the light of recent cases in the Court of Appeal and the Divisional Court, my right hon. Friend is considering what further guidance to the police, if any, may be necessary. The report of the Royal Commission on criminal procedure, which was published last week, is also relevant.