PACE Code C Practice Questions

The 24-hour clock runs from the relevant time - which is the time of arrival and authorisation at the station, not the time of arrest. Detention was authorised at 09:45 so the 24-hour period expires at 09:45 the following day. A s.42 superintendent authorisation must be obtained before that point - it cannot be applied retrospectively. If no authorisation is obtained before 09:45 the suspect must be released.

• A: The 24-hour period runs from the relevant time - arrival and authorisation at the station - not from the time of arrest. The relevant time here is 09:45 not 09:15.
• C: The superintendent must authorise BEFORE the 24-hour period expires. An authorisation at 10:00 would be 15 minutes after the clock has run out and would be unlawful.
• D: There is no power for a custody officer to hold a suspect beyond the 24-hour limit simply because a superintendent is unavailable. The suspect must be released.

Code C para 1.7 sets out a hierarchy for the appropriate adult role for juveniles: (i) parent or guardian; (ii) social worker; (iii) other responsible adult aged 18+. The categories are applied in order. A family friend falls within category (iii) but can only be used where categories (i) and (ii) have genuinely failed or are unavailable within a reasonable time. The custody officer should make reasonable attempts to contact the mother and consider a social worker before proceeding with the friend.

• A: Being over 18 and known to the juvenile does not automatically qualify someone as an appropriate adult. The Code C hierarchy must be followed and category (iii) is a last resort.
• B: There is no rule requiring indefinite waiting for a specific parent. Where a parent is genuinely unavailable within a reasonable time the custody officer can move to the next category.
• D: A social worker is category (ii) and should be considered, but the Code C does not require a social worker to be called in all cases - it requires the hierarchy to be worked through in order.