The claimant had been arrested and interviewed. The custody officer then decided to hold him in custody until he had received a decision from the CPS as to whether to charge him and with what offence. The claimant sought judicial review of the decision to hold him, saying the custody had no such power.
Held: If the officer had not been acting on guidance as to the way to treat persistent young offenders he would have charged him immediately. The guidance did not remove his duty to charge immediately. Amendments to the 1984 Act applied to referrals to the CPS only after release. The detention was unlawful.
Citations:
[2008] EWCA Civ 28, [2008] 1 WLR 550, [2008] 4 All ER 594, [2008] 2 Cr App R 5, [2008] Crim LR 558
Links:
Statutes:
Police and Criminal Evidence Act 1984
Jurisdiction:
England and Wales
Citing:
Appeal from – G v Chief Constable of West Yorkshire Police and Another Admn 21-Dec-2006
The claimant sought judicial review of the defendant’s decision to hold him in custody after interview pending a decision of the CPS as to his charge.
Held: The claim failed. . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 22 November 2022; Ref: scu.264114