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Section 40A: Use of telephone for review under s. 40

Police and Criminal Evidence Act 1984 · 1984 c. 60View on legislation.gov.uk

Part IV: Detention

A review under section 40(1)(b) may be carried out by means of a discussion, conducted by telephone, with one or more persons at the police station where the arrested person is held.

But subsection (1) does not apply if—

the review is of a kind authorised by regulations under section 45A to be carried out usinga live link; and
it is reasonably practicable to carry it out in accordance with those regulations.

Where any review is carried out under this section by an officer who is not present at the station where the arrested person is held—

any obligation of that officer to make a record in connection with the carrying out of the review shall have effect as an obligation to cause another officer to make the record;
any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer; and
the requirements under section 40(12) and (13) above for—
the arrested person, or
a solicitor representing him,

to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (4) below.

Representations are made in a manner authorised by this subsection—

in a case where facilities exist for the immediate transmission of written representations to the officer carrying out the review, if they are made either—
orally by telephone to that officer; or
in writing to that officer by means of those facilities;

and

in any other case, if they are made orally by telephone to that officer.

In this section "live link" has the same meaning as in section 45A below.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.