Lord Justice Leveson
The extension not of police bail but of --
Mr Colin Port
Detention.
Both CJ and Dr Vincent Tabak were detained for many hours and both being arrested on a Thursday, which had been carefully planned, especially in regard to CJ.. knowing that he had told the Police a week earlier that he did indeed see people at the gate....
I do not know if there is a paper trail for the warrants of an extension for these 2 peoples detention... But I believe that it is very possible to detain them in a different way...
Under Pace.....
Section 41 of the Police and Criminal Evidence Act 1984 (PACE) provides for a person being detained without charge.
'41(2) The time from which the period of detention of a person is to be calculated (in this Act referred to as 'the relevant time') –
(a) in the case of a person to whom this paragraph applies, shall be –
(i) the time at which that person arrives at the relevant police station; or
(ii) the time 24 hours after the time of that person's arrest,
whichever is the earlier.'
With an additional 12 hours granted by
It is from then that the 24 hour period will commence.
Section 42 of the Police and Criminal Evidence Act 1984 empowers a superintendent to authorise the detention of a prisoner beyond twenty-four hours, for a maximum of a further twelve hours (a total of thirty-six hours in all), without the suspect being charged. This will be for a period of time, rather than from one specified time to another.
We then have the
Hospital Visit This I believe ... Stops the clock!
Where a person is detained under PACE there is provision under section 41(6) for the detention clock to be temporarily suspended if the suspect requires hospital treatment. See the document 'PACE - review of police detention - notes on reviews when detained in hospital' on PNLD for further information.
Did CJ go to the hospital at all...?? Did Dr Vincent Tabak go to the hospital at all??? Was it at the hospital that Dr Vincent Tabak was examined ??? We know that a nurse named Ruth Booth-pearson examined Dr Vincent Tabak... But was that at the Police station or in hospital???
If it is possible to keep someone in custody for a longer period by introducing a hospital visit as to 'Stop" the clock.. then I believe it is possible to detain someone longer than 36 hours without getting a warrant for an extension...
As we know.. there was no evidence against CJ... and the supposed evidence against Dr Vincent Tabak never was produced... They had "No" so called confession at this point.... And a partial DNA sample... Nothing that would warrant an application for an extension to be obtained..(imo)..
With all the smoke and mirrors in this case... Did the Police simply keep stopping and starting the clock of CJ and Dr Vincent Tabak's detention???
It can be seen that even when in hospital, a suspect is still in police detention but the clock will not be rolling. (The exceptions to this are if the suspect is arrested and taken straight to the hospital without calling in at the police station or is bailed from the hospital to return to the police station at a later date). The detention clock restarts if it is necessary to interview the suspect on his way to or from hospital or in hospital (this may be necessary because of the urgent nature of the enquiry). In such circumstances, the detention clock is suspended once the questioning has ceased. (In the case of a suspect taken straight to hospital, it would be necessary to treat the suspect as being in police detention and start the detention clock, if he/she needed to be interviewed).
For all intense and purposes.. This Clock could have been stopped and started on many many occasions... As we do not know for a fact that Dr Vincent Tabak or CJ were held at the Police station for all of that time...
Therefore, in the example you provide, if the original 24 hours has expired and you are into the 12 hours extension authorised by the Superintendent, the detention clock would freeze for the time spent travelling to and from the hospital and the time spent at the hospital. The clock would restart upon the suspect's return to the police station. It is our opinion that you can extend the detention expiry time to 21:00.
This is fasinating.... They could drive round and round with someone in a car... leave someone at the hospital and the clock has not re-started!!
So (imo).. It is possible that the police did not need a warrant to extend the time of detention... They just needed a loop-hole...!!!
https://www.pnld.co.uk/your-legal-questions-answered/extensions-to-detention-and-hospital-visits/[attachment deleted by admin]