Question to the Home Office:

To ask the Secretary of State for the Home Department, how many recorded breaches of the 36 hour custody limit under the Police and Criminal Evidence Act 1984 occurred in the last three years; and what (a) disciplinary and (b) legal consequences resulted from those breaches.

When the police interview a suspect they must explain that they do not have to answer questions but there could be consequences if they do not by reading to them the police caution:

“You do not have to say anything. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

If the suspect does not understand the caution because they cannot understand English, the custody officer must arrange for the assistance of an interpreter, and if they are considered to be vulnerable then they must be supported throughout the interview by an appropriate adult. Whilst in police custody or undergoing a voluntary interview the suspect has the continuing right to free legal advice.

We keep the operation of police powers, including the police caution, under regular review through engagement with policing stakeholders. We are not aware of any concerns about the effectiveness of the police caution in preventing defendants from withholding information.

The Home Office collects and publishes data on detentions for over 36 hours without warrant of further detention where the person was subsequently released without charge, as part of the annual ‘Police Powers and Procedures: Custody and pre-charge bail’ statistical bulletin. The data is available here: Police powers and procedures England and Wales statistics - GOV.UK