Correct on the date of publication - 15 December 2025
Question:
When a review of detention is conducted by an inspector; must the custody officer comply with the review officer's decision, say to release on bail or charge the offender?
Answer:
Where a review is conducted by an inspector, or above, under the terms of section 40(1)(b) of PACE (person arrested but not charged), the inspector is the sole decision maker. In applying section 40 of the Act, the inspector becomes responsible for reviewing the persons detention within the criteria prescribed in section 37(2) - (9) of the Act. The duties of an inspector conducting a review, are identical to those of the custody officer when undertaking section 37 procedures (duties of custody officer before charge).
Under no circumstances can a custody officer over-rule the decision of the review inspector.
Further information can be found in our Legal Q&A: Custody - conflicting opinions over review decisions.
View the full Legal Q&A document here, with links to related and similar legal questions.
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