Section 63Part 4 — Powers, Duties and Privileges of Police Officers
Right to have someone informed when arrested
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63. (1) Where a person has been arrested and is being held in custody in a police station or other premises, the person shall be entitled, if the person so requests, to have one friend or relative or other person who is known to that person or is likely to take an interest in that person’s welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that the person has been arrested and is being detained there.
Delay is only permitted —
in the case of a person who is in police detention for an indictable offence, a firearm offence or an offence under the Misuse of Drugs Act (2017 Revision); and
if a police officer of at least the rank of Inspector authorises it.
In any case the person in custody shall be permitted to exercise the right conferred by subsection (1) within twenty-four hours from the time of that person’s arrest unless a police officer of the rank of Superintendent or above, may by written authorisation extend any period of delay beyond twenty-four hours if in that police officer’s opinion the circumstances of the case are exceptional and merit such further delay.
A police officer may give an authorisation under subsection (2) orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable.
Subject to subsection (6), a police officer may only authorise delay where the police officer has reasonable grounds for believing that telling the named person of the arrest —
will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons;
will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
will hinder the recovery of any property obtained as a result of such an offence.
A police officer may also authorise delay where that police officer has reasonable grounds for believing that — Section 64 Police Act (2021 Revision) Page 56 Revised as at 31st December, 2020 c
the person detained for the indictable offence has benefited from that person’s criminal conduct; and
the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.
For the purposes of subsection (6), the question whether a person has benefited from that person’s criminal conduct is to be decided in accordance with the provisions of the Proceeds of Crime Act (2020 Revision) and the Anti- Corruption Act (2019 Revision).
If a delay is authorised —
the detained person shall be told the reason for it; and
the reason shall be noted on that person’s custody record.
The duties imposed by subsection (8) shall be performed as soon as is practicable.
The rights conferred by this section on a person detained at a police station or other premises are exercisable whenever the person is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.
There may be no further delay in permitting the exercise of the right conferred by subsection (1) once the reason for authorising the delay ceases to subsist.
Nothing in this section applies to a person arrested or detained under the Terrorism Act (2018 Revision).