Practice and Procedure

R (on the application of G) (Appellant) v CHIEF CONSTABLE OF WEST YORKSHIRE (Respondent) & DIRECTOR OF PUBLIC PROSECUTIONS (Interested Party) (2008)

PUBLISHED February 5, 2008

[2008] EWCA Civ 28

The Police and Criminal Evidence Act 1984 s.37A did not invest the DPP with authority, through the issue of guidance, to extend the powers of police officers to keep a suspect in detention. The detention of a persistent young offender for three hours whilst a custody officer sought advice from the Crown Prosecution Service as to what offences the offender should be charged with was therefore unlawful.

CA (Civ Div) (Sir Igor Judge, Carnwath LJ, Toulson LJ)