Stop the clock? Predictors of detention without charge in police custody areas

Abstract

The recent consultation exercise, used to review the Police and Criminal Evidence Act 1984, highlighted that that the detention clock (used to detain suspects without charge) does not allow the police sufficient time to conduct their investigation, especially in complex cases. In this review it was suggested that the detention clock — which normally allows detention without charge for 24, 36 or in exceptional circumstances 72 hours — should be stopped if suspects are unfit due to intoxication or they require a period of rest or to allow legal advisers, health professionals, interpreters and others time to arrive at the police station. Drawing on data collected from two sites — one public, one private — this article quantitatively and qualitatively explores the factors affecting the length of detention in police custody. I argue that there is insufficient evidence to introduce a stop-clock system and that the increase in the length of detention to pre-PACE levels suggests that it may not have struck the intended balance between suspects’ rights and police powers.