Glossary entry

English term or phrase:

to grant further time

English answer:

giving the police further time to question the detained person before charging him/her

Added to glossary by Charles Davis
Feb 9, 2012 07:59
12 yrs ago
English term

to grant further time

English Law/Patents Law (general)
Context: a letter from a British solicitor to their clients:

‘’Given the seriousness of the allegation and the limited disclosure, I advised you to make ‘no comment’ to all the questions put to you. You clearly understood that advice and in the first interviews on Friday, you provided ‘no comment’ interviews very well.

Another series of interviews took place on 4 February. Again further disclosure was forthcoming but my strong advice to you was to continue to answer ‘no comment’.

Similarly, on the 5 February after I had attended Court and further time had been granted, another series of interviews took place and you continued to follow my advice and answer ‘no comment’.

You were subsequently charged on 5 February. Unsurprisingly, bail was denied and you appeared before the Magistrates Court on the 6 February.’’

Is this about ''granting more time to hold the suspect''?


Thank you
Change log

Feb 13, 2012 23:09: Charles Davis Created KOG entry

Discussion

José J. Martínez Feb 9, 2012:
Granting time OUTside of detention would be something a magistrate gives or grants... but granting more time to hold the suspect--- is a wrong assumption, they are taking MORE time holding the suspect. I think your question on the last line is not correct. Please clarify.
Vaddy Peters Feb 9, 2012:
It looks like from the text. They are obviously trying to take their time.

Responses

+3
1 hr
Selected

giving the police further time to question the detained person before charging him/her

This must refer to an application by the police to a magistrate's court to grant them further time to question a suspect who has been detained but not charged.

Except in terrorism cases, where a person may be detained without being charged for up to 28 days, the police in the UK can detain an person after arrest for up to 36 hours on the authority of a police superintendent. At the end of that time, the police must either charge the person or release him/her, or else, if they wish to continue questioning the person to gain evidence on which to charge him/her, they must apply to a magistrate's court, which has the power to grant the police further time to collect evidence before either charging or releasing the suspect. That further time is up to a maximum of 96 hours.

So here, the solicitor's client has been questioned by the police but has answered "no comment". Assuming it refers to this year, they interviewed the suspect on Friday (3 February) and (Saturday) 4 February. Then on (Sunday) 5 February, before the 36 hours expired, they went before the magistrate's court to apply for an extension, which was granted. Further interviews were held and the suspect was charged later that day.

UK police powers and procedures in this area are summarised here:
http://en.wikipedia.org/wiki/Powers_of_the_police_in_England...

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Note added at 1 hr (2012-02-09 09:42:47 GMT)
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Naturally the police application to the magistrate's court for an extension of detention without charge was made in the presence of the detained person's solicitor, which is why the latter says "after I had attended Court".

The point is that the police need evidence on which to charge someone, otherwise the charge will be rejected by the court. They are hoping to get that evidence by interviewing the suspect, but the suspect is not telling them anything (quite legitimately, on his/her solicitor's advice). So they need, and are granted, more time to continue the process.

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Note added at 1 hr (2012-02-09 09:45:06 GMT)
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So yes, you are right, it is about "granting more time to hold the suspect".
Peer comment(s):

agree Martin Riordan
33 mins
Thanks, Martin!
agree juvera
9 hrs
Thank you, juvera!
agree Phong Le
1 day 13 hrs
Thank you, Phong Le!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you Charles!"
+2
24 mins

an extension of time to review the case more closely by Court

The Court wanted more time to review the case closely; therefore a further time was granted because they could not decide whether the suspect was guilty or not.
Peer comment(s):

agree Marie Scarano
7 mins
Thank you!
agree Vaddy Peters : tai hen desu
17 mins
Thank you!
disagree juvera : Time was granted to the police, not to Court. The Court would not work "behind the scene" to review the case or decide. The man was only charged on the 5th, appeared at Court on the 6th for them to decide if he was guilty or not, or set a date for trial.
10 hrs
agree Emiliano Pantoja
1 day 1 hr
Thank you!
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