§ Mr. Cohenasked the Secretary of State for the Home Department if he will introduce legislation that no person shall be required to appear in court (a) on the morning following interrogation by the police if that interrogation finishes after 10 pm, and (b) when he has not an opportunity to contact a solicitor or prepare a defence; and if he will make a statement.
§ Mr. HurdA limitation on the times at which persons may be produced in court could lead to some people remaining in police custody for longer than necessary, and undermine the safeguards on police detention in part IV of the Police and Criminal Evidence Bill. These set a limit on the period that a detained person may be held without charge, before the police must bring him before a court to seek a warrant of further detention, and provide that a person charged with an offence should be brought before the court as soon as practicable. The latest draft of the code of practice for the detention, treatment and questioning of persons by the police, to be issued under clause 63 of the Bill—a copy of which is in the Library of the House—requires detained persons to be afforded a minimum of eight hours continuous rest from questioning in any 24 hours, and that this should be at night unless urgent inquiries make this impracticable. The code further provides that a detained person must be permitted to consult a solicitor for a reasonable time before any court hearing.