40 Review of police detention
40 Review of police detention

(1)     Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this section—

(a)     in the case of a person who has been arrested and charged, by the custody officer; and

(b)     in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector who has not been directly involved in the investigation.

(2)     The officer to whom it falls to carry out a review is referred to in this section as a “review officer”.

(3)     Subject to subsection (4) below—

(a)     the first review shall be not later than six hours after the detention was first authorised;

(b)     the second review shall be not later than nine hours after the first;

(c)     subsequent reviews shall be at intervals of not more than nine hours.

(4)     A review may be postponed—

(a)     if, having regard to all the circumstances prevailing at the latest time for it specified in subsection (3) above, it is not practicable to carry out the review at that time;

(b)     without prejudice to the generality of paragraph (a) above—