Hierarchy of Detective Constable

[Monty]

In the LVP they had ledgers for everything.

If an arrested was made, it would be entered in the Arrest book.

If the Custody Sgt felt there was enough evidence to charge, the details would be placed in the Charge book and the prisoner either held in custody until the courts opened, or they were bailed.

If there was no charge, the details would go in the no charge book (the official name of which I can't recall just now) and they were free to go.

Monty

[Trevor Marriott]

If there was no charge, the details would go in the no charge book (the official name of which I can't recall just now) and they were free to go.

Divisional refused charge register

https://www.trevormarriott.co.uk

[harry]

I accept the above,but what happens afterwards.Does the arrested person still have to appear in court for the offence of which he was arrested,and does the refusal to detain release the person from arrest.
My understanding is that an arrested person should only be released from arrest,if,before appearing before a magistrate,evidence is produced that indicates innocence.
I once released an arrested person into the custody of a ship's captain.He w as still under arrest.
This was before 1984,and in South Australia,but Australia did operate under what is known as the Westminster System and common law.
I retired in 1981.

[GUT]

I accept the above,but what happens afterwards.Does the arrested person still have to appear in court for the offence of which he was arrested,and does the refusal to detain release the person from arrest.
My understanding is that an arrested person should only be released from arrest,if,before appearing before a magistrate,evidence is produced that indicates innocence.
I once released an arrested person into the custody of a ship's captain.He w as still under arrest.
This was before 1984,and in South Australia,but Australia did operate under what is known as the Westminster System and common law.
I retired in 1981.

No charge= no court. That's my understanding anyway.

[Monty]

Divisional refused charge register

www.trevormarriott.co.uk

That's the one Trevor, thank you.

Monty
😄

[Bridewell]

I accept the above,but what happens afterwards.Does the arrested person still have to appear in court for the offence of which he was arrested?

In replying I'm talking about modern practice. (Monty is your man for the LVP.)

No. If detention is not authorised it's because there are no grounds to detain. The arrested person is released and that's that. If new evidence comes to light which is sufficient to justify re-arrest that could happen.

,and does the refusal to detain release the person from arrest.

Yes. Once the "Detention Not Authorised" stage is released continued detention becomes unlawful

My understanding is that an arrested person should only be released from arrest,if,before appearing before a magistrate,evidence is produced that indicates innocence.

A person is released from arrest/detention when the point is reached where his or her detention becomes either unnecessary or unlawful. In terms of appearing before a magistrate before release, that would only be (before charge) if the maximun period of detention was reached and the police wished to apply to the court for a Warrant of Further Detention (only an option in the case of a Serious Arrestable Offence). Post charge the presumption is release on bail unless there are grounds to seek a custodial remand. As for the "unless evidence is produced that indicates innocence" aspect, the burden of proof rests with the prosecution.

I'm conscious of the fact that we're going off topic here, Harry, so can I suggest that any issues arising from this are dealt with on a new thread or that you PM me (or Monty if LVP related)?

[harry]

Thanks for clarifying the position.No need for further explanation.
Regards.