HC Deb 02 August 1978 vol 955 c321W
Mr. Arthur Latham

asked the Secretary of State for the Home Department what policy is pursued with regard to the bolding of suspects in police custody for mere than forty-eight hours before being brought before the courts.

Mr. Merlyn Rees

Section 38(1) of the Magistrates' Courts Act 1952 requires the police, unless the offence appears to them to be serious, to release on bail a person taken into custody for an offence without a warrant, if it will not be practicable to bring him before a magistrates' court within 24 hours; section 38(4) of the Act requires them to bring a person who is retained in custody before a magistrates' court as soon as practicable. It is for the police, and ultimately the courts, to apply these provisions in the circumstances of a particular case. The holding of suspects in police custody is a matter which falls within the terms of reference of the Royal Commission on Criminal Procedure.