Where a police officer of the rank of superintendent or above who is responsible for the police station at which a person is detained has reasonable grounds for believing that—
he may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.
Where an officer such as is mentioned in subsection (1) above has authorised the keeping of a person in police detention for a period expiring less than 36 hours after the relevant time, such an officer may authorise the keeping of that person in police detention for a further period expiring not more than 36 hours after that time if the conditions specified in subsection (1) above are still satisfied when he gives the authorisation.
If it is proposed to transfer a person in police detention to another police area, the officer determining whether or not to authorise keeping him in detention under subsection (1) above shall have regard to the distance and the time the journey would take.
No authorisation under subsection (1) above shall be given in respect of any person—
Where an officer authorises the keeping of a person in police detention under subsection (1) above, it shall be his duty—
Before determining whether to authorise the keeping of a person in detention under subsection (1) or (2) above, an officer shall give—
an opportunity to make representations to him about the detention.
Subject to subsection (8) below, the person in detention or his solicitor may make representations under subsection (6) above either orally or in writing.
The officer to whom it falls to determine whether to give the authorisation may refuse to hear oral representations from the person in detention if he considers that he is unfit to make such representations by reason of his condition or behaviour.
Where—
the officer—
Where an officer has authorised the keeping of a person who has not been charged in detention under subsection (1) or (2) above, he shall be released from detention..., not later than 36 hours after the relevant time —
Subsection (10) does not apply if—
A person released under subsection (10) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before his release; but this subsection does not prevent an arrest under section 46A below.
Subsection (13) applies where—
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.