Section 65Part 4 — Powers, Duties and Privileges of Police Officers
Detention of persons arrested without warrant
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65. (1) When a person has been taken into custody without a warrant, that person shall be brought to the custody officer who, not being directly involved in the investigation, shall enquire into the case, and, upon the completion of the enquiry, if there are no reasonable grounds for believing that the person has committed an offence the person shall, subject to subsection (3), be released forthwith.
If, upon the completion of the inquiry referred to in subsection (1), there are reasonable grounds for believing that the person arrested has committed an offence, the custody officer may release the person on bail.
Where there is a determination that there is insufficient evidence to charge the person taken into custody but the police officer carrying out the arrest has reasonable grounds for believing that the detention of that person without being charged is necessary to —
secure or preserve evidence relating to an offence for which the person is under arrest;
obtain that evidence by questioning that person; or
complete the investigation, the custody officer who, not being directly involved in the investigation, may authorise the police officer to place that person in detention for such period of time as may be reasonably required up to forty-eight hours from the relevant time as set out in subsection (15). (3A) The custody officer, at the beginning of each shift, shall —
conduct an inquiry regarding the progress of the investigation related to any person detained by virtue of this section;
determine whether the conditions justifying detention under subsection (3) are continuing; and
where the person detained is not released, inform that person of the grounds for that person’s continued detention. (3B) The person detained may make oral representations on that person’s detention and the custody officer shall record any representation made and the grounds for the continued detention on the custody record based on the criteria for further detention set out in subsection (3).
Repealed by section 2 of the Police (Amendment) Act, 2014 [Law 1 of 2014].
A person shall not be kept in police detention after the period referred to in subsection (3) except where —
a police officer of the rank of Chief Inspector, or above, who is not directly involved in the investigation determines that the further detention of a person is required to — Police Act (2021 Revision) Section 65 c Revised as at 31st December, 2020 Page 59
secure or preserve evidence relating to an arrestable offence for which the person is under arrest; diligent and expeditious manner;
obtain evidence by questioning that person; or
carry out investigations, such investigations being carried out in a
notice of intention to apply for an order for further detention and the grounds for the application are given in writing to the detainee;
an application is made to the summary court for an order for further detention of the person stating the period of time required, such period being not more than seventy-two hours; and
the summary court grants the order referred to in paragraphs (b) and (c).
The application made under subsection (5) shall be heard in the presence of the detained person and where the court considers that there are reasonable grounds for believing that —
the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which that person is under arrest or to obtain such evidence by questioning that person;
an offence for which that person is under arrest is an arrestable offence; and
the investigation is being conducted in a diligent and expeditious manner, it may order detention for a further period of up to seventy-two hours. (6A) The hearing under subsection (6) may be held in chambers where the court considers that it is in the interest of justice to do so. (6B) The person taken into custody or that person’s legal representative may make submissions to the court in relation to an application under subsection (5).
Notwithstanding an application made under subsection (5) and an order granted under subsection (6), where there are exceptional circumstances, a police officer may make a further application to the court for an order of detention for a further period of twenty-four hours.
If, at the end of the periods of seventy-two hours and twenty-four hours referred to in subsections (6) and (7), the person is not charged, that person shall be released without further reference to the court, but may be re-arrested for the offence for which that person was previously arrested if new information justifying a further arrest has come to light since that person’s release.
Wherever in subsections (3), (5), (6), (7) or (8) reference is made to a period of seventy-two or twenty-four hours, such reference shall be read and construed as allowing detention for a lesser period at a time so long as the total period of detention under one authority does not exceed seventy-two or twenty- four hours as the case may be. Section 65 Police Act (2021 Revision) Page 60 Revised as at 31st December, 2020 c
Subject to subsection (11), a release on bail of a person under this section is a release on bail granted in accordance with the Bail Act (2015 Revision).
Nothing in the Bail Act (2015 Revision) prevents the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if new evidence justifying a further arrest has come to light since that person’s release.
Subject to subsection (13), in this section references to “bail” are references to bail subject to a duty —
to appear before the court at such time or place; or
to attend at such police station at such time, as the police officer granting bail appoints.
If a police officer has granted bail to a person subject to a duty to appear at a police station, that police officer may give written notice to the person that that person’s attendance at the police station is no longer required.
If a person arrested for an offence was released on bail subject to a duty to attend at a police station and so attends, that person may be detained without charge in connection with that offence only if the police officer who granted bail has reasonable grounds for believing that the person’s detention is necessary —
to secure or preserve evidence relating to the offence; or
to obtain such evidence by questioning that person.
The time from which the period of detention of a person is to be calculated shall be —
in the case of a person arrested outside of the Islands, the time at which that person arrives at the first police station to which that person is taken within the Islands; (aa) in the case of a person who is either taken for medical treatment at the time of arrest or who is arrested while in a hospital, the time at which that person arrives at the first police station to which that person is taken after that person’s arrest;
in the case of a person who attends voluntarily at a police station and is arrested at the police station, the time of that person’s arrest;
in the case of a person who accompanies a police officer to a police station without having been arrested and is arrested at the police station, the time of that person’s arrest; or
in any other case, the time at which the person arrested arrives at the first police station to which that person is taken after that person’s arrest.
For the purposes of this section, where —
a person in detention is taken from a police station to a hospital because that person is in need of medical treatment; or Police Act (2021 Revision) Section 66 c Revised as at 31st December, 2020 Page 61
a person is arrested while in a hospital, any time utilised by a police officer in questioning that person in the hospital, on the way to the hospital or to the police station for the purpose of obtaining evidence relating to an offence, shall be included as part of the period of detention and shall be recorded as such in the custody record as soon as is practicable.